People v. Loomis
| Decision Date | 17 December 1998 |
| Citation | 256 A.D.2d 808,683 N.Y.S.2d 306 |
| Parties | 1998 N.Y. Slip Op. 11,210 The PEOPLE of the State of New York, Respondent, v. Joseph LOOMIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Dennis B. Schlenker, Albany, for appellant.
Sol Greenberg, District Attorney (John E. Maney of counsel), Albany, for respondent.
MERCURE, J.P., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ.
MERCURE, J.P.
Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered March 3, 1998, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of attempted robbery in the first degree, without a hearing.
Defendant was arrested and charged with the crime of robbery in the first degree after he and a codefendant beat an individual with a tire iron and a length of chain and then stole the victim's duffel bag containing an electronic game and assorted video game cartridges. Pursuant to a plea bargain, defendant pleaded guilty to a reduced charge of attempted robbery in the first degree, waiving his right to appeal from the ensuing judgment of conviction. He was then sentenced to a prison term of 5 to 10 years. Defendant thereafter filed the instant motion pursuant to CPL 440.10, seeking to vacate the judgment of conviction and set aside his sentence on the ground that he was denied the right to effective representation of counsel (see, CPL 440.10[h] ). County Court denied the motion without a hearing, giving rise to this appeal.
Our review of the record does not support defendant's contention regarding ineffective assistance of counsel. Defense counsel negotiated an advantageous plea bargain on defendant's behalf, significantly reducing his exposure to a lengthy prison term, i.e., he could have received a sentence of 12 1/2 to 25 years if he had been convicted of robbery in the first degree, the crime with which he was originally charged (see, People v. Lynch, 156 A.D.2d 884, 885, 550 N.Y.S.2d 104, lv. denied 75 N.Y.2d 921, 555 N.Y.S.2d 40, 554 N.E.2d 77). The record discloses, in addition, that defendant was afforded ample time to confer with defense counsel prior to entering his guilty plea and that he was fully informed by him of the potential ramifications thereof (see, People v. Berezansky, 229 A.D.2d 768, 646 N.Y.S.2d 574, lv. denied 89 N.Y.2d 919, 654 N.Y.S.2d 721, 677 N.E.2d 293).
Defendant's assertion that County Court erred by deciding his CPL 440.10 motion without a...
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People v. Carter
...when the court can “adequately review the matter based upon the contents of the record and the motion papers” ( People v. Loomis, 256 A.D.2d 808, 808, 683 N.Y.S.2d 306 [1998],lv. denied93 N.Y.2d 854, 688 N.Y.S.2d 502, 710 N.E.2d 1101 [1999];seeCPL 440.30[1][a] ). Here, defendant retained a ......