People v. Torra
| Decision Date | 04 March 1993 |
| Citation | 594 N.Y.S.2d 419,191 A.D.2d 738 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Mark S. TORRA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Sven R. Paul, Schenectady, for appellant.
Robert M. Carney, Dist. Atty. (Alfred C. Chapleau, of counsel), Schenectady, for respondent.
Before WEISS, P.J., and MIKOLL, YESAWICH, CREW and CASEY, JJ.
Appeal from a judgment of the County Court of Schenectady County (Feldstein, J.), rendered March 21, 1991, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and criminal possession of stolen property in the fourth degree.
Defendant's guilty plea to burglary in the second degree and criminal possession of stolen property in the fourth degree was taken in full satisfaction of two indictments, one of which contained four counts, the top count being burglary in the second degree, a class C felony, and the second of which charged defendant with criminal possession of stolen property in the third degree, a class D felony. Defendant subsequently moved to withdraw his plea on the ground that he had been intoxicated at the time it was taken; after a hearing County Court denied the motion, and sentenced defendant to prison terms of 3 to 6 years for burglary and 1 1/2 to 3 years on the criminal possession charge, to run consecutively. On appeal, defendant's principal points are that his right to testify before the Grand Jury with respect to the burglary indictment was violated and that County Court abused its discretion when it refused to allow defendant to withdraw his plea. We affirm the judgment of conviction.
With respect to defendant's claim that his right to testify before the Grand Jury was abridged, it is enough to note that his guilty plea waives any objection on this ground (see, People v. Ferrara, 99 A.D.2d 257, 259, 472 N.Y.S.2d 407).
And inasmuch as County Court did not abuse its discretion in refusing to allow withdrawal of the guilty plea, its decision in this regard cannot be faulted (see, CPL 220.60[3]; People v. Franco, 145 A.D.2d 837, 535 N.Y.S.2d 823). At the plea proceeding, County Court made proper inquiry into defendant's understanding of the nature of the proceeding and the rights he was giving up, and if he had discussed the matter with his attorney. He was also asked specifically whether he had any mental problems or was addicted to alcohol or drugs, about his use of alcohol that day and...
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