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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1985
110 A.D.2d 592 (N.Y. App. Div. 1985)

Opinion

April 25, 1985

Appeal from the Supreme Court, New York County (Haft, J.).


Defendant's sole argument is that the loss of the untranscribed stenographic notes of the proceeding in which he pleaded guilty mandates reversal of the judgment and dismissal of the indictment. Defendant fails to raise a single substantive issue other than to suggest that there might be a question as to the adequacy of trial counsel if his guilty plea had been interposed before a disposition of his motion for inspection of the Grand Jury minutes and dismissal of the indictment. There is nothing in the record to indicate a disposition of this motion. As to the unresolved motion, defendant's remedy lies not in an appeal from his conviction, but, rather, in a postconviction proceeding pursuant to CPL 440.10 in which, if warranted, the question of counsel's ineffectiveness may be explored at an evidentiary hearing. ( See, People v. Brown, 45 N.Y.2d 852, 854.)

While the result may be different where a defendant has been convicted after trial ( see, People v. Rivera, 39 N.Y.2d 519), "the loss of plea * * * minutes does not, by itself, automatically entitle a defendant to summary reversal of his judgment of conviction." ( People v. Bell, 36 A.D.2d 406, 408.) A presumption of regularity attaches to all judicial proceedings and judgments of conviction. Since defendant, who pleaded guilty, has failed to articulate any appealable issue, that presumption stands unrebutted, and is entitled to full effect. The judgment of conviction is affirmed.

Concur — Murphy, P.J., Sullivan, Carro, Lynch and Ellerin, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1985
110 A.D.2d 592 (N.Y. App. Div. 1985)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR GONZALEZ…

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

Date published: Apr 25, 1985

Citations

110 A.D.2d 592 (N.Y. App. Div. 1985)

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