People v. Marrero
| Decision Date | 28 June 1990 |
| Citation | 557 N.Y.S.2d 73,162 A.D.2d 419 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Israel MARRERO, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
L.I. Picker, for respondent.
L.M. Katz, for defendant-appellant.
Israel Marrero, pro se.
Before SULLIVAN, J.P., and CARRO, ROSENBERGER and ASCH, JJ.
Judgment, Supreme Court, New York County (Fritz Alexander, J., at plea; Brenda Soloff, J., at sentence), rendered on or about December 2, 1986, convicting defendant, after his guilty plea, of assault in the second degree and sentencing him to an indeterminate term of imprisonment of from two and one-third to seven years, unanimously modified, on the law, to the extent of reducing the sentence to an indeterminate term of from two to six years, and, except as thus modified, affirmed.
On June 9, 1981, defendant drove his car into Ms. Laughlin, who suffered substantial injuries as a result of the accident. Defendant fled the scene but was subsequently arrested; he appeared to be intoxicated. After discussing the case with his attorney, defendant entered a guilty plea. At the plea proceeding, the court promised to impose a prison sentence of no more than one to three years. The court further stated that if defendant, who was at liberty pending sentence, were involved in a drunken driving charge between the date of the plea and sentencing, he would be sentenced to two to six years. Defendant responded that he understood. Between the date of his plea and sentencing, defendant was arrested twice for crimes involving drunken driving. Defendant did not appear for sentence, as originally scheduled, and had to be returned on a warrant. The sentencing court imposed an indeterminate prison sentence of from two and one-third to seven years. We modify to conform the sentence to the promise and otherwise affirm.
Defendant claims that he was denied the effective assistance of counsel because of numerous alleged omissions and errors by his attorney. While a direct appeal from a judgment of conviction is not normally the appropriate procedural mechanism for such a claim (see, People v. Jones, 55 N.Y.2d 771, 773, 447 N.Y.S.2d 242, 431 N.E.2d 967), the record sufficiently demonstrates that defendant's attorney provided competent and effective representation. (See, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400.)
Defendant also claims that he does not speak English, that he did...
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