People v Barnes

People v Barnes 2007 NY Slip Op 06754 [43 AD3d 704] September 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 7, 2007

The People of the State of New York, Respondent,
v
Dwayne Barnes, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered September 1, 2005, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a persistent felony offender, to a term of 12 years to life, unanimously affirmed.

After sufficient inquiry, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes the voluntariness of the plea. Defendant made no effort to elaborate on his conclusory assertion of innocence, which was contradicted by his plea allocution. Concur—Andrias, J.P., Buckley, Catterson, Malone and Kavanagh, JJ.