Summary
In People v. Bowden, 186 AD2d 362 (1st Dept. 1992), a case analogous to that at bar, the First Department held that defense counsel informing his client "that it would be stupid' to take his case to trial," was blunt advice and not an attempt to "coerce [him]... into pleading guilty."
Summary of this case from People v. RiveraOpinion
October 1, 1992
Appeal from the Supreme Court, New York County (Jay Gold, J.).
The trial court properly denied defendant's motion to withdraw his guilty plea without a hearing. At sentencing, defendant stated that he had been told that it would be "stupid" to take his cases to trial, but he did not establish that this blunt advice in any way coerced him into pleading guilty. Moreover, the plea colloquy clearly demonstrates that defendant's plea was knowing and voluntary. Accordingly, the court's limited inquiry was sufficient (see, People v Frederick, 45 N.Y.2d 520, 525).
Defendant's claim that the trial court erred in not holding a hearing in regard to his predicate felony conviction is also without merit. When asked what challenge he was making to his prior conviction, defendant stated that he took the prior plea "with another lawyer by my side" that he "didn't have any evidence upon [the prior] case" that he "did something that I did not know what I was doing because I didn't know nothing about going to a law library at that time". In addition, defendant conceded that he had answered all the court's questions in the prior case and never sought to withdraw the plea. Defendant's vague comments raised no constitutional questions (see, People v Adams, 111 A.D.2d 397).
We have considered defendant's remaining contention and find it to be without merit.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.