People v Rivera

People v Rivera 2008 NY Slip Op 00053 [47 AD3d 418] January 3, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Angel Rivera, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Rena Paul of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 5, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

The court providently exercised its discretion in denying, without a hearing, defendant's motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]), since defendant's unsubstantiated claims were refuted by his plea allocution. Defendant submitted a standard form lacking any case-specific allegations, and his oral submission added nothing of substance (see People v Little, 37 AD3d 214 [2007], lv denied 8 NY3d 987 [2007]). The record establishes that the plea was knowing, intelligent and voluntary.

Defendant did not establish any good cause for a reassignment of counsel, or any facts that warranted further inquiry by the court. The record demonstrates that counsel provided effective assistance (see People v Ford, 86 NY2d 397, 404 [1995]). Concur—Andrias, J.P., Nardelli, Buckley and Catterson, JJ.