People
v.
Choice

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentOct 10, 2002
298 A.D.2d 195 (N.Y. App. Div. 2002)
298 A.D.2d 195748 N.Y.S.2d 51

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1844

October 10, 2002.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 2, 2001, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 15 years, unanimously affirmed.

SETH DAVIS, for respondent.

LUKE MARTLAND, for defendant-appellant.

Before: Tom, J.P., Andrias, Saxe, Buckley, Lerner, JJ.


The court properly exercised its discretion in summarily denying defendant's motion to withdraw his guilty plea. Defendant was afforded a sufficient opportunity to present his assertions, and the court, which was fully familiar with the case, was able to make an informed determination (see People v. Frederick, 45 N.Y.2d 520) . The voluntariness of the plea was established by the thorough plea allocution. The "pressure" exerted on defendant by his attorney consisted of nothing more than "competent counsel's candid advice about the risks of going to trial" (United States v. Davis, 239 F.3d 283, 286; see also People v. Hines, 267 A.D.2d 17, lv denied 94 N.Y.2d 921). Defendant's claim of innocence was contradicted by his thorough plea allocution and did not warrant withdrawal of the plea.

We perceive no basis for a reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.