People v. Maharajh

• Citation: 170 A.D.2d 539,566 N.Y.S.2d 540
• Parties: The PEOPLE, etc., Respondent, v. Omah MAHARAJH, Appellant.
• Decision Date: 11 February 1991
• Court: New York Supreme Court Appellate Division

Page 540

566 N.Y.S.2d 540

170 A.D.2d 539

The PEOPLE, etc., Respondent, v. Omah MAHARAJH, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

February 11, 1991

Sheehy & Friedler, Hempstead, for appellant. Denis Dillon, Dist. Atty., Mineola (Bruce E. Whitney and Lawrence J. Schwarz, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered May 18, 1990, convicting him of operating a motor vehicle while under the influence of alcohol as a felony and aggravated unlicensed operation of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50(5). Because the minutes of the proceedings in this case belie the defendant's claims of ineffective assistance of counsel and of an insufficient factual allocution, the court properly denied his application to withdraw his plea of guilty prior to sentencing (see, People v. frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332). Accordingly, the judgment is affirmed.

BRACKEN, J.P., and LAWRENCE, EIBER, HARWOOD and ROSENBLATT, JJ., concur.