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People v. Dean

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 951 (N.Y. App. Div. 2003)

Opinion

KA 01-02415

February 7, 2003.

Appeal from a judgment of Monroe County Court (Connell, J.), entered October 26, 2001, convicting defendant upon his plea of guilty of, inter alia, robbery in the first degree (two counts).

MICHAEL A. JONES, JR., VICTOR (DAVID M. PARKS OF COUNSEL), For Defendant-appellant.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (AMY MOLLOY BOGARDUS OF COUNSEL), For Plaintiff-respondent.

PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

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

Memorandum:

County Court properly denied the motion of defendant to withdraw his guilty plea. "The allegations of defendant that the plea was coerced, that defendant did not understand the consequences of the plea, that he was denied effective assistance of counsel and that he was innocent were belied by his statements during the plea colloquy" (People v. Rickard, 262 A.D.2d 1073, 1073, lv denied 94 N.Y.2d 828; see People v. French, 292 A.D.2d 813, 814, lv denied 98 N.Y.2d 675). Defendant failed to preserve for our review his further contention that his plea was not knowingly entered because the court failed to advise him that his sentence would be followed by a mandatory period of postrelease supervision (see People v. Skye, 298 A.D.2d 889; People v. Minter, 295 A.D.2d 927, lv denied 98 N.Y.2d 712). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [a]). We reject defendant's contention that the second through ninth counts of the indictment are inclusory concurrent counts (see 300.30 [4]) of the first count, which charges robbery in the first degree (Penal Law § 160.15), and should therefore be dismissed pursuant to CPL 300.40(3)(b). "Article 300 deals only with trials, and has no application to convictions obtained on plea of guilty" (People v. Walton, 41 N.Y.2d 880, 880-881; see People v. Bliss, 245 A.D.2d 459).


Summaries of

People v. Dean

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 951 (N.Y. App. Div. 2003)
Case details for

People v. Dean

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. HERMAN DEAN…

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

Date published: Feb 7, 2003

Citations

302 A.D.2d 951 (N.Y. App. Div. 2003)
753 N.Y.S.2d 905

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