People v. Negron
| Decision Date | 21 December 1995 |
| Citation | 222 A.D.2d 327,635 N.Y.S.2d 615 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Luis NEGRON, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
G.B. Rubenfeld, for Respondent.
O.L. Torres, for Defendant-Appellant.
Before ROSENBERGER, J.P., and RUBIN, KUPFERMAN, ASCH and MAZZARELLI, JJ.
Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 23, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 19 years to life, unanimously affirmed.
Defendant's claim that his plea allocution was insufficient because the court failed to inquire about a possible justification defense is unpreserved for appellate review as a matter of law, since defendant neither moved to withdraw the plea before sentencing on such ground nor to vacate the judgment of conviction (People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160, affg. 202 A.D.2d 330, 609 N.Y.S.2d 12). The narrow exception to the preservation rule explained in People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 does not apply, since in neither the allocution nor the motion to withdraw the plea did defendant indicate that he fired the shots at the group of men because he feared that they were about to attack him and his friends, or otherwise say anything to cast "significant doubt" upon his guilt (People v. Toxey, supra ). It is of no moment that the plea court was aware that defendant's post arrest statements raised a justification defense, since defendant did not reiterate those statements at his plea allocution.
Defendant's contention that the court erred in summarily denying his pro se motion to withdraw the plea without appointing new counsel and conducting a hearing to determine whether the plea was the result of coercion by counsel is not preserved for appellate review (CPL 470.05[2]; see, People v. Campbell, 200 A.D.2d 364, 606 N.Y.S.2d 186, lv. denied 83 N.Y.2d 869, 613 N.Y.S.2d 130, 635 N.E.2d 299. Counsel's pessimism regarding defendant's chances at trial and his advice to accept the plea do not indicate ineffective assistance (see People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698).
Motion to enlarge the record is granted.
To continue reading
Request your trial
-
People v. Vasquez
...his motion to withdraw his guilty plea, his claim of error regarding the absence of such a hearing is unpreserved (see, People v. Negron, 222 A.D.2d 327, 635 N.Y.S.2d 615, lv. denied 88 N.Y.2d 882, 645 N.Y.S.2d 457, 668 N.E.2d 428), and we decline to review it in the interest of justice. In......
-
People v. Harris
...465, 525 N.E.2d 5), and his exculpatory statements made other than during the plea allocution itself are irrelevant (People v. Negron, 222 A.D.2d 327, 635 N.Y.S.2d 615, lv. denied 88 N.Y.2d 882, 645 N.Y.S.2d 457, 668 N.E.2d 428). The record provides no support for defendant's claim that his......
-
People v. Goldstein, 1
...of intoxication is unpreserved for review as a matter of law (People v Dugger, 161 A.D.2d 283 lv denied 76 N.Y.2d 855; see, People v Negron, 222 A.D.2d 327 lv denied 88 N.Y.2d 882). Moreover, nothing on the face of the record casts doubt on the voluntariness of the plea (People v Pantoja, 2......
-
People v. Vargas
...into defendant's assertion of a justification defense in his postarrest statement to the police (see e. g. People v. Negron, 222 A.D.2d 327, 635 N.Y.S.2d 615 [1st Dept. 1995], lv denied 88 N.Y.2d 882, 645 N.Y.S.2d 457, 668 N.E.2d 428 [1996] ), or in his presentence interview (see e.g. Peopl......