Opinion
1611
November 19, 2002.
Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered December 22, 1998, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.
ANDREW N. SACHER, for Respondent.
JONATHAN M. KIRSHBAUM, for Defendant-appellant.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
The court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see People v. Alexander, 97 N.Y.2d 482, 485). The court conducted a suitable inquiry in which defendant received an adequate opportunity to be heard (see People v. Frederick, 45 N.Y.2d 520), and nothing in his plea allocution cast doubt on his guilt. Defendant's claim of compulsion was properly rejected as vague and conclusory, and, based on defendant's psychiatric evaluations and its own recollection of the plea, the court properly rejected defendant's claim that his use of medication and his mother's recent death rendered his plea involuntary (see People v. Wheeler, 289 A.D.2d 10, lv denied 97 N.Y.2d 763; People v. Roesch, 289 A.D.2d 421, lv denied 98 N.Y.2d 640). The fact that defendant was not informed that his bargained-for term would run consecutively with the undischarged sentence on a previous conviction did not impair the voluntariness of the plea, since the requirement that the sentences run consecutively was a statutory mandate and not a part of the plea agreement (see People v. Johnson, 183 A.D.2d 573, lv denied 80 N.Y.2d 905).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.