People v Henry

People v Henry 2010 NY Slip Op 03388 [72 AD3d 594] April 27, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent,
v
Marlon Henry, Appellant.

—[*1] Richard M. Weinstein, New York, for appellant.

Robert T. Johnson, District Attorney, Bronx (Hannah E.C. Moore of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert E. Torres, J., at suppression hearing; Michael A. Gross, J., at plea and sentence), rendered July 9, 2007, convicting defendant of two counts of manslaughter in the first degree and three counts of robbery in the first degree, and sentencing him to an aggregate term of 29 years, unanimously affirmed.

The court properly exercised its discretion in denying, without an evidentiary hearing, defendant's motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes the voluntariness of the plea. Defendant's assertions of innocence were conclusory and contradicted by his allocution, and his remaining claims were meritless.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claims. As an alternative holding, we reject those claims on the merits. Concur—Tom, J.P., Mazzarelli, Andrias, Saxe and DeGrasse, JJ.