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People v. Curras

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2003
1 A.D.3d 445 (N.Y. App. Div. 2003)

Opinion

2002-04634

Submitted September 30, 2003.

November 10, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered May 14, 2002, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diana Villaneuva of counsel), for respondent.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual adequacy of his plea allocution ( see People v. Callahan, 80 N.Y.2d 273; People v. DeWitt, 295 A.D.2d 937; People v. Santiago, 280 A.D.2d 688; People v. Bruno, 269 A.D.2d 540), as well as his claim that he was denied his statutory right to a speedy trial pursuant to CPL 30.30 ( see People v. DeWitt, supra; People v. Smith, 271 A.D.2d 703; People v. Love, 236 A.D.2d 488).

Contrary to the defendant's contention, the Supreme Court properly denied his motion to vacate his plea of guilty. The defendant knowingly, intelligently, and voluntarily pleaded guilty, and the record does not support his conclusory claims of coercion and ineffective assistance of counsel ( see People v. Carter, 304 A.D.2d 771; People v. Telfair, 299 A.D.2d 429; People v. Potter, 294 A.D.2d 603).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.


Summaries of

People v. Curras

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2003
1 A.D.3d 445 (N.Y. App. Div. 2003)
Case details for

People v. Curras

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ANGEL CURRAS, appellant

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

Date published: Nov 10, 2003

Citations

1 A.D.3d 445 (N.Y. App. Div. 2003)
766 N.Y.S.2d 892

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