People v. Miller

• Decision Date: 08 July 1998
• Parties: , 1998 N.Y. Slip Op. 6846 PEOPLE of the State of New York, Respondent, v. Robert MILLER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 382

676 N.Y.S.2d 382

252 A.D.2d 984, 1998 N.Y. Slip Op. 6846

PEOPLE of the State of New York, Respondent, v. Robert MILLER, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

July 8, 1998.

Gary Muldoon, Rochester, for appellant.

Richard M. Healy, Lyons, for respondent.

Before GREEN, J.P., and LAWTON, WISNER, CALLAHAN and BOEHM, JJ.

MEMORANDUM:

Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw his guilty plea. The conclusory allegation of defendant that his counsel had pressured him to plead guilty is insufficient to require vacatur of the plea (see, People v. Jackson, 171 A.D.2d 883, 884, 568 N.Y.S.2d 329, lv. denied 78 N.Y.2d 967, 574 N.Y.S.2d 947, 580 N.E.2d 419; People v. Seger, 171 A.D.2d 892, 567 N.Y.S.2d 554, lv. dismissed 78 N.Y.2d 1081, 577 N.Y.S.2d 244, 583 N.E.2d 956; People v. Washington, 156 A.D.2d 496, 548 N.Y.S.2d 771, lv. denied 75 N.Y.2d 925, 555 N.Y.S.2d 44, 554 N.E.2d 81; People v. Brown, 142 A.D.2d 683, 531 N.Y.S.2d 28; People v. Matta, 103 A.D.2d 756, 477 N.Y.S.2d 228, lv. denied 63 N.Y.2d 777, 481 N.Y.S.2d 1030, 470 N.E.2d 875). In any event, that allegation is belied by the unequivocal statement of defendant during the plea allocution that he had not been threatened, forced or coerced in any way into pleading guilty (see, People v. Samuel, 208 A.D.2d 776, 777, 617 N.Y.S.2d 494, lv. denied 84 N.Y.2d 1038, 623 N.Y.S.2d 194, 647 N.E.2d 466; People v. Jackson, 203 A.D.2d 302, 612 N.Y.S.2d 897, lv. denied 84 N.Y.2d 827, 617 N.Y.S.2d 147, 641 N.E.2d 168).

Defendant's remaining contention has not been preserved for our review (see, CPL 470.05[2] ), and, in any event, it is without merit.

Judgment unanimously affirmed.