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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 883 (N.Y. App. Div. 1991)

Opinion

March 25, 1991

Appeal from the Supreme Court, Queens County (Naro, J.).


Ordered that the judgment is affirmed.

At no time prior to sentencing did the defendant attempt to withdraw his plea, with the result that his claims are unpreserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, there is insubstantial support for the defendant's sudden claims of innocence and of having been coerced into pleading guilty by counsel, where he accepted the prosecutor's offer, confessed to his guilt during his allocution as well as to the Probation Department, and declared himself at sentencing to be "extremely sorry and ashamed". In the interests of finality (cf., People v Ramos, 63 N.Y.2d 640, 642; People v Frederick, 45 N.Y.2d 520, 525), where there is no indication in the record that the defendant was in fact innocent or in any way coerced, and where his plea was knowingly and voluntarily made, the plea will not be disturbed on the basis of unsubstantiated and conclusory assertions that his attorney forced him to plead guilty (see, People v Washington, 156 A.D.2d 496). The defendant also received the sentence that he bargained for, with the result that the sentence, which in any event is not excessive, will not be disturbed (see, People v Kazepis, 101 A.D.2d 816, 817). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 883 (N.Y. App. Div. 1991)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENTON JACKSON…

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

Date published: Mar 25, 1991

Citations

171 A.D.2d 883 (N.Y. App. Div. 1991)

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