People v Cuadrado

People v Cuadrado 2008 NY Slip Op 00163 [47 AD3d 437] January 10, 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
Raymond Cuadrado, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (William A. Loeb of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 24, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of six 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]). The court, which appointed new counsel for the motion, provided defendant with a full opportunity to advance his claim that his prior attorney provided ineffective assistance. Defendant did not substantiate his claim that the prior attorney failed to interview three witnesses, and did not sufficiently explain what testimony these witnesses might have furnished. The plea minutes establish the voluntariness of the plea. Concur—Tom, J.P., Saxe, Friedman and Williams, JJ.