People v. Robideau
| Decision Date | 15 October 1987 |
| Citation | 520 N.Y.S.2d 275,133 A.D.2d 903 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Brian P. ROBIDEAU, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Louis-Jack Pozner, Albany, for appellant.
Sol Greenberg, Dist. Atty. (Michael J. Connolly, Albany, of counsel), for respondent.
Before MAHONEY, P.J., and MAIN, WEISS, MIKOLL and YESAWICH, JJ.
Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered April 28, 1986, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Pursuant to a negotiated plea bargain resulting in a reduced charge, defendant pleaded guilty to the crime of burglary in the third degree and waived his right to appeal. He received a sentence of 1 1/2 to 4 1/2 years' imprisonment. On this appeal, defendant maintains that he was deprived of the effective assistance of counsel, that the plea allocution was insufficient, and that the sentence was harsh and excessive.
Initially, we observe that defendant waived his right to appeal from the sentence (see, People v. Mayes, 133 A.D.2d 905, 520 N.Y.S.2d 276; People v. Harvey, 124 A.D.2d 943, 508 N.Y.S.2d 690, lv. denied 69 N.Y.2d 746, 512 N.Y.S.2d 1050, 505 N.E.2d 248. Moreover, since defendant neither moved to withdraw his plea nor to vacate his conviction, he has failed to preserve for appeal any question bearing on the sufficiency of the plea allocution (see, People v. Martinez, 125 A.D.2d 829, 510 N.Y.S.2d 31). In any event, our review of the record confirms that the plea was knowingly and intelligently made with the advice of counsel and not improvident under the circumstances (see, People v. Langhorn, 119 A.D.2d 844, 501 N.Y.S.2d 470, lv. denied 68 N.Y.2d 758, 506 N.Y.S.2d 1046, 497 N.E.2d 716; People v. Taliaferro, 109 A.D.2d 943, 945, 486 N.Y.S.2d 432; cf., People v. Maye, 129 A.D.2d 204, 517 N.Y.S.2d 330 [1987] ). As we said in People v. Maye (supra ), we note our disapproval of County Court's method of conducting the plea allocution and reiterate that it is the function of the court, not the prosecuting attorney, to conduct this inquiry.
Finally, we agree that defendant's claim of ineffective assistance of counsel was not waived and is properly before us (cf., People v. Harvey, 124 A.D.2d 943, 508 N.Y.S.2d 690, supra ). This contention is grounded on the premise that counsel failed to move for dismissal of the indictment on speedy trial grounds (see, CPL...
To continue reading
Request your trial
-
People v. Hernandez
...been considered, would have been successful (see, People v. Hobot, 84 N.Y.2d 1021, 622 N.Y.S.2d 675, 646 N.E.2d 1102; People v. Robideau, 133 A.D.2d 903, 520 N.Y.S.2d 275, lv. denied 71 N.Y.2d 902, 527 N.Y.S.2d 1011, 523 N.E.2d 318). The court's findings of excludability are amply supported......
-
People v. Davis
...at 760, 655 N.Y.S.2d 142). The record amply shows that his plea was provident, voluntary and knowingly made (see, People v. Robideau, 133 A.D.2d 903, 520 N.Y.S.2d 275, lv. denied 71 N.Y.2d 902, 527 N.Y.S.2d 1011, 523 N.E.2d 318) and that he received effective assistance of counsel. At the p......
-
People v. Cance
...537 N.Y.S.2d 588). There is nothing to indicate that the plea was improvident, involuntary or unknowingly made (see, People v. Robideau, 133 A.D.2d 903, 520 N.Y.S.2d 275, lv denied 71 N.Y.2d 902, 527 N.Y.S.2d 1011, 523 N.E.2d Nor do we find merit in defendant's argument that he was denied e......
-
People v. Sanchez
...Mave, 129 A.D.2d 204), the plea was clearly voluntary and there is no basis for reversal (see, People v Empey, 141 A.D.2d 987; People v Robideau, 133 A.D.2d 903, lv denied 71 N.Y.2d 902). Defendant's remaining arguments are unpreserved and we decline to review them in the interest of justic......