People v. Mason

CourtNew York Supreme Court Appellate Division
Citation186 A.D.2d 227,587 N.Y.S.2d 1014
PartiesThe PEOPLE, etc., Respondent, v. Edward MASON, Appellant.
Decision Date21 September 1992

John F. Clennan, Ronkonkoma, for appellant. Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen and James Duggan, of counsel; Bryan Subotnick, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered November 29, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea based upon his claims of coercion and innocence, which were made at the time of sentencing (see, CPL 220.60[3]; 380.30[3]; People v. Williams, 183 A.D.2d 866, 584 N.Y.S.2d 107; People v. Latimer, 176 A.D.2d 350, 351, 574 N.Y.S.2d 586; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). The defendant knowingly, intelligently, and voluntarily entered his plea. The court ensured that a sufficient factual basis for the defendant's guilty plea was established by having the defendant admit in his own words that on April 4, 1984, he and his companions robbed a man at gunpoint and then shared in the proceeds. He also stated in court more than once that he was pleading guilty because he was in fact guilty. These admissions were unaccompanied by any protestations of innocence. Moreover, the defendant's mere unsubstantiated claims of coercion and his protestations of innocence at sentencing were not sufficient to render the plea procedurally or substantively defective (see, People v. Billingsley, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 429 N.E.2d 826; People v. Latimer, supra ).


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2 cases
  • People v. Laino
    • United States
    • New York Supreme Court Appellate Division
    • September 21, 1992
    ...the plea agreement (see, People v. Brown, 147 A.D.2d 489, 537 N.Y.S.2d 587; cf., People v. Monereau, 181 A.D.2d 918, 581 N.Y.S.2d 848; [186 A.D.2d 227] People v. Alvarez, 166 A.D.2d 603, 560 N.Y.S.2d 890). We note that since the sentence imposed upon the defendant's plea was the sentence pr......
  • People v. Mason
    • United States
    • New York Supreme Court Appellate Division
    • March 1, 1999
    ...the ground of ineffective assistance of appellate counsel, a decision and order of this court dated September 21, 1992 (People v. Mason, 186 A.D.2d 227, 587 N.Y.S.2d 1014), affirming a judgment of the Supreme Court, Kings County, rendered November 29, ORDERED that the application is denied.......

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