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People v. Zaia

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1992
181 A.D.2d 931 (N.Y. App. Div. 1992)

Opinion

March 30, 1992

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in denying, without a hearing, the defendant's motion to withdraw her guilty plea (see, People v Frederick, 45 N.Y.2d 520; People v Tinsley, 35 N.Y.2d 926; People v James, 159 A.D.2d 723, 724; People v Brownlee, 158 A.D.2d 610). The defendant's belated claim of ineffective assistance of counsel is flatly refuted by the record of the plea proceeding in which she knowingly and voluntarily made a complete and detailed plea allocution in the presence of competent counsel — with whom the defendant had expressed satisfaction at the time of the plea — after the court had fully apprised the defendant of the consequences of her plea (see, People v Harris, 61 N.Y.2d 9; People v Williams, 178 A.D.2d 570; People v White, 165 A.D.2d 820, 821; People v James, supra; People v Brownlee, supra). The record further shows that the defendant was afforded an ample opportunity at sentencing to advance her claim and fully availed herself, through counsel, of that opportunity, by delivering lengthy and detailed arguments in support of the motion (see, People v Frederick, supra, at 525; People v Williams, supra; People v White, supra, at 821; People v James, supra, at 725; People v Hughes, 156 A.D.2d 130). Thus, under the circumstances, no further inquiry was necessary. Harwood, J.P., Eiber, Ritter and Copertino, JJ., concur.


Summaries of

People v. Zaia

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1992
181 A.D.2d 931 (N.Y. App. Div. 1992)
Case details for

People v. Zaia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROL ZAIA, Appellant

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

Date published: Mar 30, 1992

Citations

181 A.D.2d 931 (N.Y. App. Div. 1992)
582 N.Y.S.2d 212

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