People v. Rodriguez
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | Before THOMPSON |
| Citation | 188 A.D.2d 623,591 N.Y.S.2d 846 |
| Decision Date | 21 December 1992 |
| Parties | The PEOPLE, etc., Respondent, v. Carlos RODRIGUEZ, Appellant. |
Page 846
v.
Carlos RODRIGUEZ, Appellant.
Second Department.
Elyse K. Bohm, Brooklyn, for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Nancy F. Talcott, of counsel, Daniel G. Fitzpatrick on the brief), for respondent.
Before THOMPSON, J.P., and BALLETTA, ROSENBLATT and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gloria Goldstein, J.), rendered December 3, 1990, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's plea of guilty was knowingly and voluntarily entered (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). The defendant's contention that his counsel failed to provide "meaningful representation" is not supported by the record (see, People v. Jackson, 70 N.Y.2d 768, 520 N.Y.S.2d 746, 514 N.E.2d 1369). The defendant has failed to show that, but for counsel's allegedly deficient performance, he would not have pleaded guilty and would have insisted upon going to trial (see, People v. Hayes, 186 A.D.2d 268, 588 N.Y.S.2d 328 [2d Dept., 1992]. Moreover, the defense counsel's failure to actively participate in the defendant's application to withdraw his plea did not constitute ineffective assistance of counsel considering that the defendant[188 A.D.2d 624] was provided an adequate opportunity to present his contentions and counsel's lack of participation worked no discernible prejudice (see, People v. Bell, 141 A.D.2d 749, 529 N.Y.S.2d 845).
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People v. Tavarez, IND. NO. 3671/2002
...the "prejudice" requirement by showing that absent counsel's alleged error, he would have insisted on a jury trial. People v. Rodriguez, 188 A.D.2d 623 (2d Dept 1992). In order to establish that the defendant would have insisted on going to trial, an affidavit setting forth the factors that......
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People v. Boehm, 2004 NY Slip Op 50945(U) (NY 8/30/2004), 921-03.
...baseless; defendant's claims of innocence and that he was ill-advised were insufficient to warrant withdrawal). In People v. Rodriguez, 188 A.D.2d 623, 591 N.Y.S.2d 846 (2d Dept. 1992), the defendant sought to withdraw his plea. The court denied the defendant's application because his asser......
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People v. Cifonelli, 2008 NY Slip Op 30261(U) (N.Y. County Ct. 1/9/2008), 0001191/2005.
...the defendant must show that he would have insisted on going to trial if not for defense counsel's alleged error (People v. Rodriguez, 188 A.D.2d 623, 591 N.Y.S.2d 846 [2 Dept., 1992], People v. Ahmetovic, 157 A.D.2d 489, 549 N.Y.S.2d 677 [1 Dept., 1990]). A defendant must also allege his "......
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People v. Powell
...there is a reasonable probability he would have insisted on a jury trial if not for counsel's alleged deficiency (People v. Rodriguez, 188 A.D.2d 623 [2d Dept 1992] ). This showing may be satisfied by an affidavit setting forth the factors that a defendant considered in accepting the plea (......
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People v. Tavarez, IND. NO. 3671/2002
...the "prejudice" requirement by showing that absent counsel's alleged error, he would have insisted on a jury trial. People v. Rodriguez, 188 A.D.2d 623 (2d Dept 1992). In order to establish that the defendant would have insisted on going to trial, an affidavit setting forth the factors that......
-
People v. Boehm, 2004 NY Slip Op 50945(U) (NY 8/30/2004), 921-03.
...baseless; defendant's claims of innocence and that he was ill-advised were insufficient to warrant withdrawal). In People v. Rodriguez, 188 A.D.2d 623, 591 N.Y.S.2d 846 (2d Dept. 1992), the defendant sought to withdraw his plea. The court denied the defendant's application because his asser......
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People v. Cifonelli, 2008 NY Slip Op 30261(U) (N.Y. County Ct. 1/9/2008), 0001191/2005.
...the defendant must show that he would have insisted on going to trial if not for defense counsel's alleged error (People v. Rodriguez, 188 A.D.2d 623, 591 N.Y.S.2d 846 [2 Dept., 1992], People v. Ahmetovic, 157 A.D.2d 489, 549 N.Y.S.2d 677 [1 Dept., 1990]). A defendant must also allege his "......
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People v. Powell
...there is a reasonable probability he would have insisted on a jury trial if not for counsel's alleged deficiency (People v. Rodriguez, 188 A.D.2d 623 [2d Dept 1992] ). This showing may be satisfied by an affidavit setting forth the factors that a defendant considered in accepting the plea (......