Opinion
1596
September 24, 2002.
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered December 21, 2000, convicting defendant, upon her plea of guilty, to robbery in the third degree, and sentencing her to a term of 1 1/3 to 4 years, unanimously affirmed.
PRISCILLA STEWARD, for respondent.
MARIANNE KARAS, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Buckley, Ellerin, Marlow, JJ.
Defendant's suppression motion was properly denied. The police arrived at the scene of a reported robbery and saw a group of people, including the identifying witnesses, barricading defendant. This did not constitute a police-arranged identification procedure (see People v. Clark, 85 N.Y.2d 886). Even if the encounter were to be considered a showup, there would still be no basis for suppression since it was prompt, on-the-scene and not unduly suggestive (see People v. Duuvon, 77 N.Y.2d 541).
Defendant's argument that her plea was involuntary because it was made under the threat of a higher sentence is unpreserved (see People v. Toxey, 86 N.Y.2d 725), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record clearly establishes the voluntariness of the plea. The court's discussion of defendant's possible sentencing exposure in the event of a conviction after trial was appropriately informative, not coercive (see People v. Robinson, 287 A.D.2d 398, lv denied 98 N.Y.2d 680; People v. Cornelio, 227 A.D.2d 248, lv denied 88 N.Y.2d 982).
We find that defendant received meaningful representation (see People v. Benevento, 91 N.Y.2d 708; People v. Ford, 86 N.Y.2d 397, 404). Counsel conducted the suppression hearing in an appropriate manner, provided sound advice to defendant as to the strength of the People's case and the benefits of pleading guilty, obtaining very favorable plea terms.
Defendant's challenge to the court's Sandoval ruling is foreclosed by her guilty plea (People v. Gilliam, 65 A.D.2d 533, lv denied 46 N.Y.2d 840).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.