People v. Owen

• Decision Date: 20 April 1998
• Citation: 249 A.D.2d 492,671 N.Y.S.2d 675
• Parties: 1998 N.Y. Slip Op. 3579 The PEOPLE, etc., Respondent, v. Joseph OWEN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 675

671 N.Y.S.2d 675

1998 N.Y. Slip Op. 3579

The PEOPLE, etc., Respondent, v. Joseph OWEN, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

April 20, 1998.

Patrick Michael McKenna, Valley Stream, for appellant.

Jeanine Pirro, District Attorney, White Plains (Richard A. Portale and Valerie Anne Livingston, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered February 21, 1997, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty (see, CPL 220.60[3]; People v. Ellerbe, 237 A.D.2d 299, 655 N.Y.S.2d 409). The defendant's bare assertion that he was coerced by his attorney into entering the plea agreement was flatly refuted by the record of the plea proceeding and does not warrant vacatur of the plea (see, People v. Hernandez, 236 A.D.2d 557, 654 N.Y.S.2d 639; People v. Sider, 232 A.D.2d 666, 649 N.Y.S.2d 455). Since this and the other bases of the defendant's application to withdraw his plea were facially without merit, no formal evidentiary hearing was necessary (see, People v. Billings, 208 A.D.2d 941, 617 N.Y.S.2d 864; People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13).

The defendant, who pleaded guilty with the understanding that he would receive the sentence which was actually imposed, has no basis to now complain that his sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351).

The defendant's remaining contentions are unpreserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Ramsammy, --- A.D.2d ----, 666 N.Y.S.2d 957).

ROSENBLATT, J.P., and SULLIVAN, JOY and ALTMAN, JJ., concur.