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People v. Sampson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1989
156 A.D.2d 492 (N.Y. App. Div. 1989)

Opinion

December 11, 1989

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgments are affirmed.

The defendant's contention that he was denied the effective assistance of counsel is unavailing, inasmuch as the record demonstrates that he was afforded meaningful representation (see generally, People v Baldi, 54 N.Y.2d 137). To the extent that the defendant's claim is based upon material which is dehors the record, it cannot be reviewed on this appeal and may properly be raised by postjudgment motion (see, People v Martella, 135 A.D.2d 660). Moreover, the defendant's claim that his plea was coerced is not preserved for appellate review (see, People v Claudio, 64 N.Y.2d 858; People v Pellegrino, 60 N.Y.2d 636; People v Wilkins, 147 A.D.2d 601) and, in any event, the record contains no evidence to support the claim and instead indicates that his plea was knowingly and voluntarily entered (see, People v Riley, 120 A.D.2d 752).

Finally, the defendant is precluded from seeking review of the hearing court's determination of his motion challenging the audibility and admissibility of an inculpatory tape recording, inasmuch as he knowingly and voluntarily withdrew all motions at the time he entered his plea of guilty (see, People v Thompson, 140 A.D.2d 652; People v Feingold, 125 A.D.2d 587). Thompson, J.P., Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Sampson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1989
156 A.D.2d 492 (N.Y. App. Div. 1989)
Case details for

People v. Sampson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SAMPSON…

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

Date published: Dec 11, 1989

Citations

156 A.D.2d 492 (N.Y. App. Div. 1989)

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