People v. Ramos
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | PETER B. SKELOS |
| Citation | 909 N.Y.S.2d 484,77 A.D.3d 773 |
| Parties | The PEOPLE, etc., respondent, v. Jason RAMOS, appellant. |
| Decision Date | 12 October 2010 |
77 A.D.3d 773
The PEOPLE, etc., respondent,
v.
Jason RAMOS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 12, 2010.
John Brian Macreery, Katonah, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, L. PRISCILLA HALL, and PLUMMER E. LOTT, JJ.
Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered July 1, 2009, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant moved to withdraw his plea of guilty on the ground that the plea was not knowing, voluntary, and intelligent
The decision whether to permit a defendant to withdraw a plea of guilty is a matter within the sound discretion of the court and will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60[3]; People v. Selikoff, 35 N.Y.2d 227, 241, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822; People v. Smith, 54 A.D.3d 879, 879-880, 863 N.Y.S.2d 818; People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252). Here, the County Court providently exercised its discretion in denying the defendant's motion. The defendant's contentions of coercion and pressure were properly rejected as unsupported by the record ( see People v. Fontana, 267 A.D.2d 398, 399, 700 N.Y.S.2d 732; People v. Sears, 204 A.D.2d 578, 614 N.Y.S.2d 207). Further, the defendant's conclusory assertions regarding his mental state were belied by his concession that he received his medication at the regularly scheduled time, and by the County Court's observations of his demeanor and his coherent and unequivocal responses during the comprehensive plea allocution ( see People...
To continue reading
Request your trial
-
People v. Sanders
...953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714; People v. Brown, 78 A.D.3d 723, 909 N.Y.S.2d 662; People v. Ramos, 77 A.D.3d 773, 909 N.Y.S.2d 484; People v. Buniek, 52 A.D.3d 621, 858 N.Y.S.2d 891; People v. Reina, 35 A.D.3d 509, 826 N.Y.S.2d 143; People v. Rosas, 34......
-
People v. Wolf
...( see People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520, affd. 16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300; People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484, lv. denied 16 N.Y.3d 835, 921 N.Y.S.2d 199, 946 N.E.2d 187). Further, “[d]efendant's contention is belied by the recor......
-
People v. Murphy
...may have affected the voluntariness of her plea ( see People v. Montalvo, 105 A.D.3d 774, 775, 961 N.Y.S.2d 324; People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484; People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252). To the extent that the defendant contends that her counsel's conduct aff......
-
People v. Solis
...counsel may have affected the voluntariness of his plea ( see People v. Montalvo, 105 A.D.3d 774, 775, 961 N.Y.S.2d 324;People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484). Moreover, by pleading guilty, the defendant forfeited those claims of ineffective assistance of counsel that did no......
-
People v. Sanders
...953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714; People v. Brown, 78 A.D.3d 723, 909 N.Y.S.2d 662; People v. Ramos, 77 A.D.3d 773, 909 N.Y.S.2d 484; People v. Buniek, 52 A.D.3d 621, 858 N.Y.S.2d 891; People v. Reina, 35 A.D.3d 509, 826 N.Y.S.2d 143; People v. Rosas, 34......
-
People v. Wolf
...( see People v. Ashley, 71 A.D.3d 1286, 1287, 896 N.Y.S.2d 520, affd. 16 N.Y.3d 725, 917 N.Y.S.2d 91, 942 N.E.2d 300; People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484, lv. denied 16 N.Y.3d 835, 921 N.Y.S.2d 199, 946 N.E.2d 187). Further, “[d]efendant's contention is belied by the recor......
-
People v. Murphy
...may have affected the voluntariness of her plea ( see People v. Montalvo, 105 A.D.3d 774, 775, 961 N.Y.S.2d 324; People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484; People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252). To the extent that the defendant contends that her counsel's conduct aff......
-
People v. Solis
...counsel may have affected the voluntariness of his plea ( see People v. Montalvo, 105 A.D.3d 774, 775, 961 N.Y.S.2d 324;People v. Ramos, 77 A.D.3d 773, 774, 909 N.Y.S.2d 484). Moreover, by pleading guilty, the defendant forfeited those claims of ineffective assistance of counsel that did no......