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People v. Feliciano

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1997
240 A.D.2d 903 (N.Y. App. Div. 1997)

Opinion

June 19, 1997

Appeal from the County Court of Montgomery County (Sise, J.).


Defendant was charged in a multicount indictment with various drug-related crimes arising from his sale of narcotics on four separate occasions in the City of Amsterdam, Montgomery County. He subsequently pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of the indictment and was sentenced to 3 1/2 to 10 1/2 years in prison. On appeal, defendant argues, inter alia, that his guilty plea was not knowing, voluntary and intelligent, and that he was denied the effective assistance of counsel.

Initially, inasmuch as defendant did not make a motion to withdraw his guilty plea or to vacate the judgment of conviction, he may not challenge the sufficiency of his guilty plea on appeal (see, People v. Comer, 236 A.D.2d 658; People v. Miller, 234 A.D.2d 811; People v. Sloan, 228 A.D.2d 976, lv denied 88 N.Y.2d 994). Nevertheless, were we to consider the merits of this claim, we would find it to be unavailing. The record discloses that County Court took painstaking efforts to explain to defendant the ramifications of pleading guilty, including the many rights he would be waiving as a result thereof. Although defendant had difficulty understanding the English language, County Court appointed a Spanish-speaking interpreter to assist defendant in understanding the proceedings and allowed defendant to confer with his attorney on a number of occasions to obtain further clarification. In answering the court's questions during the plea allocution, defendant indicated that he knew what was transpiring and wished to plead guilty of his own free will. Therefore, we find no basis for vacating the guilty plea (see, People v. Comer, supra, at 658; People v. Nardi, 232 A.D.2d 673, lv denied 89 N.Y.2d 927; People v. Berezansky, 229 A.D.2d 768, lv denied 89 N.Y.2d 919; see also, People v. Carmona, 111 A.D.2d 930).

Likewise, we find no merit to defendant's claim that defense counsel was ineffective. While defendant asserts that defense counsel should not have advised him to plead guilty but should have pursued the agency defense to the charges of sale of a controlled substance, we do not find that defense counsel's strategy amounts to ineffective assistance given defendant's admission to selling the drugs "as a favor" for his employer and his potential exposure to a much lengthier prison sentence if convicted after trial. Based upon our review of the record, we find that defendant was afforded meaningful representation (see, People v. Comer, supra, at 658; People v. Bass, 235 A.D.2d 651; People v. Harris, 235 A.D.2d 941).

Defendant's remaining arguments have been examined and found to be without merit or unpreserved for appellate review.

Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Feliciano

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1997
240 A.D.2d 903 (N.Y. App. Div. 1997)
Case details for

People v. Feliciano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN FELICIANO…

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

Date published: Jun 19, 1997

Citations

240 A.D.2d 903 (N.Y. App. Div. 1997)
659 N.Y.S.2d 125

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