People v Atkins

People v Atkins 2012 NY Slip Op 01331 Decided on February 21, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2012
Andrias, J.P., Saxe, Acosta, Freedman, Richter, JJ.
6847

[*1]The People of the State of New York, Ind.1095/09 Respondent,

v

Michael Atkins, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Lauren Stephens-Davidowitz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Timothy C.
Stone of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 16, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 3½ years, unanimously affirmed.

The record establishes the voluntariness of defendant's plea, and the court properly denied defendant's plea withdrawal motion (see People v Frederick, 45 NY2d 520 [1978]). During the plea allocution, whenever defendant made a statement creating an ambiguity about the voluntariness of the plea, the court made a further inquiry that established that defendant was pleading
guilty of his own free will. The court made clear to defendant that it was his choice whether to plead guilty or go to trial.We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2012

CLERK