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People v. Loadholt

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2005
19 A.D.3d 235 (N.Y. App. Div. 2005)

Opinion

6377.

June 21, 2005.

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered September 25, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 2 to 4 years, unanimously affirmed.

Michael S. Pollok, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Lauren B. Cardonsky of counsel), for respondent.

Before: Mazzarelli, J.P., Friedman, Sullivan, Williams and Gonzalez, JJ.


The court properly denied defendant's motion to withdraw his plea, without appointing new counsel. Defendant's patently meritless motion, based, in part, on allegations of coercion by counsel, did not create a conflict of interest ( see e.g. People v. Senghor, 248 AD2d 299, 299-300, lv denied 92 NY2d 905). Counsel did not take a position adverse to defendant, and was not ineffective by failing to argue in favor of the motion ( see People v. Simpson, 238 AD2d 193).

Defendant's unpreserved challenge to the validity of his plea allocution does not come within the narrow exception to the preservation requirement ( see People v. Toxey, 86 NY2d 725, 726; People v. Mackey, 77 NY2d 846, 847), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record establishes the voluntariness of the plea and that there was nothing in defendant's factual allocution that cast doubt on his guilt.

We have considered and rejected defendant's remaining claims.


Summaries of

People v. Loadholt

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2005
19 A.D.3d 235 (N.Y. App. Div. 2005)
Case details for

People v. Loadholt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD LOADHOLT…

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

Date published: Jun 21, 2005

Citations

19 A.D.3d 235 (N.Y. App. Div. 2005)
798 N.Y.S.2d 13

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