People v. Mortensen
| Decision Date | 24 March 2009 |
| Docket Number | 2008-02619 |
| Citation | 874 N.Y.S.2d 823,60 A.D.3d 971,2009 NY Slip Op 02387 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MORTENSEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea based on recantation evidence (see CPL 220.60 [3]). The defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Harris, 61 NY2d 9, 17 [1983]). Recantation evidence is inherently unreliable and insufficient, alone, to justify setting aside a conviction (see People v Serrata, 261 AD2d 490 [1999]; People v Legette, 153 AD2d 760, 761 [1989]; compare People v De Jesus, 199 AD2d 529, 531 [1993]). The defendant's claim that his motion to withdraw the plea should have been granted because, in advising the complainant at the sentencing hearing of the law on perjury, the court assumed the role of advocate, coerced the complainant not to testify, and deprived the defendant of an opportunity to advance his claims, is unpreserved for appellate review and, in any event, is without merit (see People v Arnold, 98 NY2d 63, 67 [2002]; People v Melendez, 31 AD3d 186, 197 [2006]).
The defendant's remaining contention is without merit (see People v Chin, 67 NY2d 22, 32 [1986]; People v Owens, 63 NY2d 824, 825-826 [1984]; People v Shapiro, 50 NY2d 747, 760 [1980]; People v Singh, 47 AD3d 733, 734 [2008]; People v Williams, 169 AD2d 798, 799 [1991]).
To continue reading
Request your trial
-
People v. Davidson
..."Recantation evidence is inherently unreliable and insufficient, alone, to justify setting aside a conviction" (People v. Mortensen, 60 A.D.3d 971, 972, 874 N.Y.S.2d 823 ; see People v. Douglas, 83 A.D.3d 1092, 1093, 921 N.Y.S.2d 324 ; People v. Legette, 153 A.D.2d 760, 761, 545 N.Y.S.2d 29......
-
People v. Caruso
...alone, to justify withdrawal of the plea” ( People v. Douglas, 83 A.D.3d at 1093, 921 N.Y.S.2d 324; see People v. Mortensen, 60 A.D.3d 971, 972, 874 N.Y.S.2d 823; People v. Branton, 35 A.D.3d 1035, 1036, 826 N.Y.S.2d 489). Furthermore, the defendant's contention regarding his innocence is u......
-
People v. Douglas
...in support of the motion was inherently unreliable and insufficient, alone, to justify withdrawal of the plea ( see People v. Mortensen, 60 A.D.3d 971, 972, 874 N.Y.S.2d 823; People v. Serrata, 261 A.D.2d 490, 690 N.Y.S.2d 273; People v. Baxley, 194 A.D.2d 681, 682, 599 N.Y.S.2d 105; People......
-
People v. Rodriguez
...People v. Caruso, 88 A.D.3d 809, 810, 930 N.Y.S.2d 668 ; People v. Douglas, 83 A.D.3d at 1093, 921 N.Y.S.2d 324 ; People v. Mortensen, 60 A.D.3d 971, 971–972, 874 N.Y.S.2d 823 ; see also People v. Upson, 134 A.D.3d 1058, 1058–1059, 21 N.Y.S.3d 688 ; People v. Martinez, 129 A.D.3d 1106, 1107......