From Casetext: Smarter Legal Research

People v. Mingues

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1998
256 A.D.2d 657 (N.Y. App. Div. 1998)

Opinion

December 3, 1998

Appeal from the County Court of Sullivan County (Kane, J.).


On May 31, 1996, defendant pleaded guilty to a superior court information charging him with two counts of grand larceny in the third degree and waived his right to appeal. Thereafter, and prior to sentencing, defendant moved, pro se, to withdraw his plea on the grounds that it was the product of duress and coercion and, further, that he was denied effective assistance of counsel. Following appointment of new counsel an evidentiary hearing was held, after which County Court denied the motion and sentenced defendant in accordance with the plea agreement as a second felony offender to two concurrent prison terms of 3 1/2 to 7 years.

At the outset, we note that while defendant's waiver of his right to appeal does not preclude judicial review of the voluntariness of his plea (see, People v. Marziale, 182 A.D.2d 1035, 1036, lv denied 80 N.Y.2d 835), it does preclude review of his alleged denial of his right to the effective assistance of counsel except insofar as the alleged ineffectiveness impacted the voluntary nature of his plea (see, People v. Conyers, 227 A.D.2d 793, lv denied 88 N.Y.2d 982). Our review of the record reveals nothing to support defendant's claim that his plea was rendered involuntary by defense counsel's conduct, nor are we persuaded that defendant's newly assigned counsel for the hearing failed to provide him with meaningful representation. Accordingly, defendant's conviction must be affirmed.

Mikoll, J. P., Yesawich Jr., Spain and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Mingues

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1998
256 A.D.2d 657 (N.Y. App. Div. 1998)
Case details for

People v. Mingues

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MINGUES…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 3, 1998

Citations

256 A.D.2d 657 (N.Y. App. Div. 1998)
681 N.Y.S.2d 802

Citing Cases

People v. Stamps

Inasmuch as defendant had knowledge prior to entering his plea of the very information he contends the…

People v. Snare

Under these circumstances, therefore, the court was required to impose persistent violent felony offender…