People v. Ortiz

Decision Date19 June 1995
Citation628 N.Y.S.2d 559,216 A.D.2d 495
PartiesThe PEOPLE, etc., Respondent, v. Hector ORTIZ, Appellant.
CourtNew York Supreme Court — Appellate Division

Daniel L. Greenberg, New York City (Kenneth Finkelman, of counsel), for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Linda Cantoni, and Sharon Y. Brodt, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 16, 1992, convicting him of murder in the second degree and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant, by pleading guilty, forfeited appellate review of any claim that his right to testify before the Grand Jury had been violated (see, People v. Lasher, 199 A.D.2d 595, 605 N.Y.S.2d 973; People v. Kelly, 198 A.D.2d 305, 604 N.Y.S.2d 821; People v. Torra, 191 A.D.2d 738, 594 N.Y.S.2d 419; People v. Ferrara, 99 A.D.2d 257, 472 N.Y.S.2d 407).

Further, the trial court did not improvidently exercise its discretion by denying, without a hearing, the defendant's motion to withdraw his plea of guilty (see, People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527; People v. Richardson, 214 A.D.2d 624, 624 N.Y.S.2d 960).

The defendant's remaining contentions are without merit (see, People v. James, 192 A.D.2d 555, 596 N.Y.S.2d 100), or involve matters dehors the record (see, People v. Grazzette, 211 A.D.2d 822, 621 N.Y.S.2d 917; People v. Perez, 208 A.D.2d 960, 618 N.Y.S.2d 579; People v. Dyson, 200 A.D.2d 756, 608 N.Y.S.2d 864).

BRACKEN, J.P., and ROSENBLATT, RITTER and GOLDSTEIN, JJ., concur.

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6 cases
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • August 1, 2012
  • People v. Nunez
    • United States
    • New York Supreme Court — Appellate Division
    • June 19, 1995
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • December 11, 1995
    ...45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Ortiz, 216 A.D.2d 495, 628 N.Y.S.2d 559; People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527). The defendant knowingly and voluntarily admitted his guilt in a thoro......
  • People v. Singleton
    • United States
    • New York Supreme Court — Appellate Division
    • December 29, 1995
    ...45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Ortiz, 216 A.D.2d 495, 628 N.Y.S.2d 559; People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527). The defendant knowingly and voluntarily pleaded guilty in the presenc......
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