People v. Terry
| Decision Date | 27 January 1992 |
| Citation | 578 N.Y.S.2d 657,179 A.D.2d 833 |
| Parties | The PEOPLE, etc., Respondent, v. Nathaniel TERRY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
George T. Dunn, New York City, for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Peter D. Gormanly, Maryanne Luciano, and Bruce Edward Kelly, of counsel), for respondent.
Before MANGANO, P.J., and BRACKEN, LAWRENCE and ROSENBLATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Carey, J.), rendered September 16, 1988, convicting him of criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.
ORDERED that the judgment is affirmed.
The defendant's contention that his right to counsel was violated is without merit. The defendant effectively waived his right to counsel. In People v. Bing, 76 N.Y.2d 331, 559 N.Y.S.2d 474, 558 N.E.2d 1011, the Court of Appeals held that knowledge of a prior pending charge against the defendant did not impose upon the police a duty to inquire as to whether the defendant was represented by counsel and was not a bar to the waiver of the defendant's right to counsel with regard to new, unrelated charges (see, People v. Goodman, 166 A.D.2d 541, 542, 560 N.Y.S.2d 822; People v. Edwards, 172 A.D.2d 556, 567 N.Y.S.2d 881). Therefore, in this case, that the police may have known that the defendant had been charged with a violation of probation did not preclude him from waiving his right to counsel.
Moreover, the sentencing court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea (see, CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Cannon, 150 A.D.2d 383, 543 N.Y.S.2d 303). The defendant was fully informed of the rights he was waiving by pleading guilty and admitted the acts constituting the crime without making any claim of innocence. Neither his subsequent assertions of innocence nor his meritless claim of ineffective assistance of counsel was sufficient to justify setting aside the guilty plea ( see, People v. Stephens, 175 A.D.2d 272, 572 N.Y.S.2d 725 [2d Dept.]; People v. Maharajh, 170 A.D.2d 539, 566 N.Y.S.2d 540; People v. Pettway, 168 A.D.2d...
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