People v. Perazzo

Decision Date08 September 2009
Docket Number2003-05794.
Citation2009 NY Slip Op 06449,65 A.D.3d 1058,886 N.Y.S.2d 43
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PERAZZO, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

"The defendant's waiver of his right to appeal precludes appellate review of his [contention] that he was denied effective assistance of counsel except to the extent that the alleged ineffective assistance of counsel[may have] affected the voluntariness of his plea"(People v Rossetti,55 AD3d 637, 638[2008];People v McCollum,54 AD3d 690[2008];People v Perez,51 AD3d 1043[2008]).Moreover, "[b]y pleading guilty, the defendant forfeited . . . his claims of ineffective assistance of counsel which do not directly involve the bargaining process"(People v Russell,58 AD3d 759, 760[2009];People v DeLuca,45 AD3d 777[2007];People v Turner,40 AD3d 1018, 1019[2007]).With respect to the defendant's contention that his plea of guilty was coerced as a result of the alleged ineffectiveness of his trial counsel, "`[a]motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court'"(People v Gedin,46 AD3d 701[2007], quotingPeople v Levy,39 AD3d 670, 671[2007];seeCPL 220.60 [3];People v Alexander,97 NY2d 482, 485[2002])."The defendant's [contention] that his plea of guilty was coerced as a result of the alleged ineffectiveness of his trial counsel is belied by [the record]"(People v Gedin,46 AD3d at 701;People v Gutierrez,35 AD3d 883[2006]).Accordingly, the Supreme Court providently exercised its discretion in denying the defendant's application...

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21 cases
  • People v. Solis
    • United States
    • New York Supreme Court — Appellate Division
    • November 6, 2013
    ...those claims of ineffective assistance of counsel that did not directly involve the plea bargaining process ( see People v. Perazzo, 65 A.D.3d 1058, 1059, 886 N.Y.S.2d 43;People v. Russell, 58 A.D.3d 759, 760, 871 N.Y.S.2d 702;People v. DeLuca, 45 A.D.3d 777, 847 N.Y.S.2d 198). The defendan......
  • People v. Gott
    • United States
    • New York Supreme Court — Appellate Division
    • October 31, 2018
    ...may have affected the voluntariness of the pleas (see People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; People v. Perazzo, 65 A.D.3d 1058, 1059, 886 N.Y.S.2d 43 ). "Moreover, ‘[b]y pleading guilty, the defendant forfeited ... h[er] claims of ineffective assistance of counsel which do......
  • People v. Green
    • United States
    • New York Supreme Court — Appellate Division
    • June 26, 2019
    ...of counsel affected the voluntariness of the plea (see People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; People v. Perazzo, 65 A.D.3d 1058, 1059, 886 N.Y.S.2d 43 ). The defendant's contention that he was deprived of the effective assistance of counsel is based, in part, on matter app......
  • People v. Bravo
    • United States
    • New York Supreme Court — Appellate Division
    • April 6, 2010
    ...( see People v. Massey, 70 A.D.3d 722, 892 N.Y.S.2d 888; People v. Rivera, 65 A.D.3d 1265, 885 N.Y.S.2d 427; People v. Perazzo, 65 A.D.3d 1058, 1059, 886 N.Y.S.2d 43). The record reveals that the defendant's plea of guilty was knowing, voluntary, and intelligent ( see People v. Fiumefreddo,......
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