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People v. Davis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2015
134 A.D.3d 1459 (N.Y. App. Div. 2015)

Opinion

1378 KA 14-01512.

12-23-2015

The PEOPLE of the State of New York, Respondent, v. Jonathan DAVIS, Defendant–Appellant.

Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for Defendant–Appellant. David W. Foley, District Attorney, Mayville (Joseph M. Calimeri of Counsel), for Respondent.


Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for Defendant–Appellant.

David W. Foley, District Attorney, Mayville (Joseph M. Calimeri of Counsel), for Respondent.

Opinion

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.153 ). Defendant's contention that he was denied effective assistance of counsel does not survive his guilty plea where, as here, “[t]here is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of his attorney [']s allegedly poor performance” (People v. Abdulla, 98 A.D.3d 1253, 1254, 951 N.Y.S.2d 286, lv. denied 20 N.Y.3d 985, 958 N.Y.S.2d 700, 982 N.E.2d 620 [internal quotation marks omitted]; see People v. Boswell, 117 A.D.3d 1493, 1493–1494, 984 N.Y.S.2d 734). Defendant further contends that County Court failed to conduct a sufficient inquiry into whether he possessed the requisite intent to commit the offense and thus that his plea was not voluntarily entered. Defendant failed to preserve that contention for our review because he did not move to withdraw his plea or to vacate the judgment of conviction, and this case does not fall within the rare exception to the preservation requirement set forth in People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 because nothing in the plea colloquy casts significant doubt on defendant's guilt or the voluntariness of the plea (see People v. Laney, 117 A.D.3d 1481, 1482, 984 N.Y.S.2d 727).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SCUDDER, P.J., CENTRA, CARNI, VALENTINO, and DeJOSEPH, JJ., concur.


Summaries of

People v. Davis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2015
134 A.D.3d 1459 (N.Y. App. Div. 2015)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JONATHAN DAVIS…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 23, 2015

Citations

134 A.D.3d 1459 (N.Y. App. Div. 2015)
21 N.Y.S.3d 657
2015 N.Y. Slip Op. 9521

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