Opinion
2019-1076 Q CR
01-07-2022
New York City Legal Aid Society (Tomoeh Murakami Tse of counsel), for appellant. Queens County District Attorney (Johnnette Traill, Ellen C. Abbot and Jordan LoCascio of counsel), for respondent.
Unpublished Opinion
MOTION DECISION
New York City Legal Aid Society (Tomoeh Murakami Tse of counsel), for appellant.
Queens County District Attorney (Johnnette Traill, Ellen C. Abbot and Jordan LoCascio of counsel), for respondent.
PRESENT:: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Karen Gopee, J.), rendered July 12, 2018. The judgement convicted defendant, upon his plea of guilty, of petit larceny, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
Upon a review of the record, we find no merit to defendant's sole appellate contention that the statements made by a judge, at a calendar call which took place almost five months prior to defendant's plea of guilty before a different judge, were coercive and rendered his subsequent guilty plea involuntary as a matter of law. Defendant's responses to the court's inquiries during the plea proceeding show that his plea of guilty was knowingly, voluntarily and intelligently made (see People v Fiumefreddo, 82 N.Y.2d 536, 543 [1993]; People v Callahan, 80 N.Y.2d 273, 283 [1992]), and that no threats or promises had induced the plea (see People v Ramos-Perez, 188 A.D.3d 1741, 1742 [2020]; People v Jenkins, 117 A.D.3d 1528, 1528 [2014]). Also, there was nothing in the plea allocution that casts significant doubt on defendant's guilt (see People v Toxey, 86 N.Y.2d 725 [1995]).
Accordingly, the judgment of conviction is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.