People v. Smith
| Decision Date | 21 December 1990 |
| Citation | 564 N.Y.S.2d 884,168 A.D.2d 915 |
| Parties | PEOPLE of the State of New York, Respondent, v. Ricky SMITH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth, Syracuse, for appellant.
Robert E. Wildridge by James Maxwell, Syracuse, for respondent.
Before DILLON, P.J., and DOERR, GREEN, PINE and DAVIS, JJ.
Defendant contends that he was denied his statutory right to appear and testify before the Grand Jury pursuant to CPL 190.50(5)(a). Defendant, by pleading guilty, forfeited appellate review of a claimed violation of this right (see, People v. Ferrara, 99 A.D.2d 257, 259, 472 N.Y.S.2d 407; see also, People v. Taylor, 65 N.Y.2d 1, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Roberson, 149 A.D.2d 926, 540 N.Y.S.2d 60, lv. denied 74 N.Y.2d 746, 545 N.Y.S.2d 121, 543 N.E.2d 764; People v. Grey, 135 A.D.2d 1031, 1031-1032, 522 N.Y.S.2d 965; People v. Kehn, 132 A.D.2d 778, 779, 517 N.Y.S.2d 797, lv. denied 70 N.Y.2d 800, 522 N.Y.S.2d 118, 516 N.E.2d 1231; People v. Prest, 105 A.D.2d 1078, 1079, 482 N.Y.S.2d 172). Moreover, the record demonstrates that the District Attorney's office complied with its statutory obligation by notifying both defendant and his attorney of the date of the prospective Grand Jury proceeding and by affording defendant a reasonable time to exercise his right to appear as a witness therein (see, CPL 190.50[5][a].
The trial court properly exercised its discretion in denying, without a hearing, defendant's motion to withdraw his plea of guilty. The record reveals that defendant voluntarily, knowingly and intelligently entered his plea of guilty. Defendant was afforded a reasonable opportunity to advance his contentions by the court, which had presided over the suppression hearing and thus had the benefit of eyewitness testimony linking defendant to the attempted burglary (see, People v. Kafka, 128 A.D.2d 895, 513 N.Y.S.2d 820, lv. denied 69 N.Y.2d 951, 516 N.Y.S.2d 1035, 509 N.E.2d 370), yet defendant failed either to substantiate his belated protestations of innocence or his conclusory assertions that his guilty plea was induced by coercion (see, People v. Kafka, supra; 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; People v. Colon, 114 A.D.2d 967, 495 N.Y.S.2d 414, lv. denied 67 N.Y.2d 650, 499 N.Y.S.2d 1045, 490 N.E.2d 562).
Judgment unanimously affirmed.
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