People v. Rodriguez
| Decision Date | 30 May 1989 |
| Citation | 542 N.Y.S.2d 234,150 A.D.2d 812 |
| Parties | The PEOPLE, etc., Respondent, v. Lazaro RODRIGUEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Nancy E. Little, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Peter R. Chatzinoff, of counsel; Lisa Greenberg, on the brief), for respondent.
Before THOMPSON, J.P., and KUNZEMAN, EIBER, SPATT and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered January 30, 1987, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
A motion to withdraw a plea of guilty is addressed to the sound discretion of the court (CPL 220.60[3]; People v. Stubbs, 110 A.D.2d 725, 487 N.Y.S.2d 824), and "[o]nly in the rare instance will a defendant be entitled to an evidentiary hearing" (see, People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544). The record shows that the defendant knowingly and voluntarily pleaded guilty in the presence of competent counsel and after having been fully advised of his rights by the court (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). Insofar as the court had the defendant's written motion papers before it, and the defendant was given an ample opportunity to advance his claims, the court did not err in denying the motion without a hearing (see, People v. Brown, 142 A.D.2d 683, 531 N.Y.S.2d 28).
The defendant's assertion of an alleged off-the-record statement by his attorney that he would get him "two to four" is not binding on the court (see, People v. Williams, 120 A.D.2d 693, 502 N.Y.S.2d 279; see also, People v. Ramos, 63 N.Y.2d 640, 479 N.Y.S.2d 510, 468 N.E.2d 692). Moreover, any claim that the interpreter's translation was inaccurate is completely belied by the record (see, People v. Torres, 96 A.D.2d 604, 465 N.Y.S.2d 299). The defendant herein was familiar with the criminal justice system, having previously been convicted of a felony on the basis of a guilty plea (see, People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132), and may not now attempt to renegotiate his plea (see, People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13, lv. denied 67 N.Y.2d 947, 502 N.Y.S.2d 1040, 494 N.E.2d 125; see also, People v De Simone, 112 A.D.2d 443, 492...
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People v. Duff
...two to five years' imprisonment upon the People obtaining a conviction of his codefendant binding on the court (see, People v. Rodriguez, 150 A.D.2d 812, 542 N.Y.S.2d 234). We also find that the defendant was properly adjudicated a second felony offender. At the time of sentencing, the Peop......
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People v. McNair, 1
...525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Rodriguez, 150 A.D.2d 812, 813, 542 N.Y.S.2d 234, lv. denied 74 N.Y.2d 818, 546 N.Y.S.2d 576, 545 N.E.2d 890). We have reviewed the other contentions raised by defendan......
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People v. Witcher
...opportunity to advance his claims and the court did not err in denying the motion without further inquiry (see, People v. Rodriguez, 150 A.D.2d 812, 813, 542 N.Y.S.2d 234, lv. denied 74 N.Y.2d 818, 546 N.Y.S.2d 576, 545 N.E.2d 890; People v. Austin, 117 A.D.2d 835, 836, 498 N.Y.S.2d 539; Pe......
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