People v. Soto

• Decision Date: 20 April 1987
• Citation: People v. Soto, 514 N.Y.S.2d 508, 129 A.D.2d 748 (N.Y. App. Div. 1987)
• Parties: The PEOPLE, etc., Respondent, v. Juanito SOTO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 508

514 N.Y.S.2d 508

129 A.D.2d 748

The PEOPLE, etc., Respondent, v. Juanito SOTO, Appellant.

Supreme Court, Appellate Division Second Department.

April 20, 1987.

Stephen P. Gold, White Plains, for appellant.

Juanito Soto, pro se.

Carl A. Vergari, Dist. Atty., White Plains (Richard M. Hunter, of counsel), for respondent.

Before THOMPSON, J.P., and NIEHOFF, WEINSTEIN, KUNZEMAN and SPATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J., at plea; Cowhey, J., at sentencing), rendered May 10, 1985, convicting him of rape in the first degree and attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the court erred in denying his application to withdraw his guilty plea is without merit. The defendant's claims of innocence are totally unsubstantiated and without support in the record. The record discloses that the defendant was fully advised of all of the rights he would be waiving by pleading guilty. Moreover, during the plea allocution, the defendant readily admitted the underlying facts of the crimes (see, People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13 appeal denied 67 N.Y.2d 947, 502 N.Y.S.2d 1040, 494 N.E.2d 125).

The defendant's contention that the court abused its discretion in sentencing him is also without merit. He received the sentence he was promised (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351). Moreover, in light of the nature of the crimes, the sentence was appropriate (see, People v. Suitte, 90...