Opinion
11873 Ind. No. 4967/14 Case No. 2018-2218
09-29-2020
The PEOPLE of the State of New York, Respondent, v. ANONYMOUS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (John L. Palmer of counsel). For appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (John L. Palmer of counsel). For appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.
Friedman, J.P., Mazzarelli, Kern, Kennedy, JJ.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered August 18, 2016, convicting defendant, upon his plea of guilty, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 15 years to life, unanimously affirmed.
The court properly denied defendant's motion to withdraw his guilty plea, without granting a hearing (see People v. Fiumefreddo, 82 N.Y.2d 536, 544, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ). Defendant's assertions of innocence and being coerced to plead guilty by his counsel were contradicted by the record of the plea allocution and counsel's affirmation (see People v. Brown, 52 A.D.3d 301, 859 N.Y.S.2d 439 [1st Dept.], lv denied 11 N.Y.3d 786, 866 N.Y.S.2d 612, 896 N.E.2d 98 [2008] ).