People v. Palmeri

• Citation: 642 N.Y.S.2d 555,227 A.D.2d 418
• Parties: The PEOPLE, etc., Respondent, v. Michael PALMERI, Appellant.
• Decision Date: 06 May 1996
• Court: New York Supreme Court Appellate Division

Page 555

642 N.Y.S.2d 555

227 A.D.2d 418

The PEOPLE, etc., Respondent, v. Michael PALMERI, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

May 6, 1996.

Robert C. Mitchell, Riverhead (Martin P. Golden, Jr., of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead (Mary-Ellen Harkin, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered February 24, 1994, convicting him of murder in the second degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without first conducting a hearing, since the plea and sentencing minutes reveal that the County Court conducted a sufficient inquiry into, and properly rejected, the defendant's unsupported assertions of innocence and coercion (see, People v. Toney, 215 A.D.2d 791, 627 N.Y.S.2d 959; People v. Billings, 208 A.D.2d 941, 617 N.Y.S.2d 864). Additionally, the court properly concluded that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).

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

ROSENBLATT, J.P., and SULLIVAN, COPERTINO, SANTUCCI and GOLDSTEIN, JJ., concur.