People v. Machado
| Decision Date | 16 March 1992 |
| Citation | 181 A.D.2d 796,582 N.Y.S.2d 23 |
| Parties | The PEOPLE, etc., Respondent, v. Ramiro MACHADO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Carrie Lamitie, of counsel), for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (John Castellano, of counsel; Peter Sikora and Dennis Coppin, on the brief), for respondent.
Before BALLETTA, J.P., and O'BRIEN, COPERTINO and PIZZUTO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 20, 1989, convicting him of criminal possession of a controlled substance in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
At sentencing, the defendant presented a written pro se motion to withdraw his guilty plea, alleging, inter alia, that his plea was the result of coercion and ineffective assistance of counsel. Where a defendant has made a timely motion to withdraw a plea of guilty, "the Judge hearing the motion must exercise his discretion in affording defendant a reasonable opportunity to advance his claims from which an informed and prudent determination can be rendered" (People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332). Contrary to the defendant's contention, we find that he had a reasonable opportunity to present his claims, and the matter need not be remitted for a further inquiry. The court discussed the allegations in the defendant's affidavit and gave the defendant an opportunity to address the court (see, People v. Bourdonnay, 160 A.D.2d 1014, 555 N.Y.S.2d 134; People v. Brownlee, 158 A.D.2d 610, 551 N.Y.S.2d 581; cf., People v. Hoe, 160 A.D.2d 729, 554 N.Y.S.2d 51; People v. Sendel, 158 A.D.2d 726, 552 N.Y.S.2d 173). Moreover, the record reveals that the defendant knowingly, intelligently and voluntarily pleaded guilty and that the court did not improvidently exercise its discretion in denying his motion to withdraw his plea.
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