People v. Palmer, 2004-03258.

Decision Date02 May 2006
Docket Number2004-03258.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARRIEUS PALMER, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the issue of whether his plea allocution was factually deficient (see CPL 470.05 [2]; People v Jones, 21 AD3d 968, 969 [2005]). Furthermore, despite the defendant's claims, his plea allocution did not cast significant doubt upon his guilt or negate any of the essential elements of robbery in the second degree (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Ward, 282 AD2d 871, 872 [2001]).

The court providently exercised its discretion in denying the defendant's pro se motion to withdraw his plea of guilty (see CPL 220.60 [3]; People v Colon, 114 AD2d 967 [1985]). "The defendant's allegations in support of that motion were either unsubstantiated or belied by his statements during the plea proceedings" (People v Tissiera, 22 AD3d 611, 612 [2005]; see People v Colon, supra). The defendant was not denied the effective assistance of counsel in connection with this motion, and there was no conflict of interest requiring the court to appoint new counsel (see People v Lattimore, 5 AD3d 399, 400 [2004]; People v Haynes, 248 AD2d 402 [1998]; People v Ocana, 135 AD2d 743 [1987]).

The defendant waived his claim that he was denied the opportunity to testify at the grand jury proceedings (see CPL 190.50 [5] [c]).

The defendant's claim that he was denied the effective assistance of counsel in connection with the grand jury proceedings cannot be reviewed on direct appeal because they are based upon matters dehors the record (see People v Wingate, 297 AD2d 761, 762 [2002]).

Miller, J.P., Santucci, Rivera and Lifson, JJ., concur.

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  • People v. Haffiz
    • United States
    • New York Supreme Court — Appellate Division
    • October 12, 2010
    ...contentions to the contrary are belied by the record ( see People v. Miranda, 67 A.D.3d 709, 710, 886 N.Y.S.2d 890; People v. Palmer, 29 A.D.3d 606, 606, 815 N.Y.S.2d 129). In light of the fact that the defendant specifically stated at the plea allocution that he knew that, by pleading guil......
  • People v. Petion
    • United States
    • New York Supreme Court — Appellate Division
    • September 16, 2020
    ...; People v. English, 119 A.D.3d 706, 988 N.Y.S.2d 697 ; People v. Redmond, 41 A.D.3d 514, 515–516, 837 N.Y.S.2d 710 ; People v. Palmer, 29 A.D.3d 606, 815 N.Y.S.2d 129 ; People v. Sain, 261 A.D.2d 488, 691 N.Y.S.2d 64 ). Likewise, the defendant's contention that the People withheld certain ......
  • People v. English
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    • New York Supreme Court — Appellate Division
    • July 9, 2014
    ...reviewed on this direct appeal from the judgment of conviction ( see People v. Sivels, 114 A.D.3d 708, 979 N.Y.S.2d 838;People v. Palmer, 29 A.D.3d 606, 815 N.Y.S.2d 129;People v. Sain, 261 A.D.2d 488, 691 N.Y.S.2d 64). The Supreme Court did not improvidently exercise its discretion in deny......
  • People v. Fields
    • United States
    • New York County Court
    • March 15, 2018
    ...510, 468 N.E.2d 692 [1984] ; People v. Tinsley , 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 [1974] ; People v. Palmer , 29 A.D.3d 606, 815 N.Y.S.2d 129 [2d Dept. 2006] ; People v. Morabito , 253 A.D.2d 830, 677 N.Y.S.2d 511 [2d Dept. 1998] ). The limited circumstances upon which a......
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