People v. Ramos

CourtNew York Supreme Court Appellate Division
Writing for the CourtPETER B. SKELOS
Citation909 N.Y.S.2d 484,77 A.D.3d 773
PartiesThe PEOPLE, etc., respondent, v. Jason RAMOS, appellant.
Decision Date12 October 2010
909 N.Y.S.2d 484
77 A.D.3d 773


The PEOPLE, etc., respondent,
v.
Jason RAMOS, appellant.


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

Oct. 12, 2010.

909 N.Y.S.2d 484

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.

77 A.D.3d 773

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.

77 A.D.3d 774

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

909 N.Y.S.2d 485
because he felt compelled to take the plea out of fear that his attorney would be forced to withdraw from the case and therefore would not be able to represent him at trial. The defendant also claimed that his mental state was impaired due to insufficient medication for his bipolar disorder, and that his understanding was limited due to borderline intelligence. The defendant did not submit an affidavit or medical evidence in support of these allegations, which were set forth in his attorney's affirmation.

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...

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28 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • October 7, 2011
    ...( 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
    • United States
    • New York Supreme Court Appellate Division
    • February 5, 2014
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • November 6, 2013
    ...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......
  • Request a trial to view additional results
28 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • October 7, 2011
    ...( 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
    • United States
    • New York Supreme Court Appellate Division
    • February 5, 2014
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • November 6, 2013
    ...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......
  • Request a trial to view additional results

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