People v Frazier

People v Frazier 2014 NY Slip Op 01624 Decided on March 12, 2014 Appellate Division, Second 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 March 12, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2009-00556
2009-00570

[*1]The People of the State of New York, respondent,

v

Edwin Frazier, appellant. (Ind. Nos. 565-07, 573-07)




Robert DiDio, Kew Gardens, N.Y. (Elisha Rudolph of counsel), for
appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M.
Tang of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from two judgments of the County Court, Suffolk County (Hudson, J.), both rendered December 5, 2008, convicting him of murder in the second degree under Indictment No. 573-07 and criminal sale of a controlled substance in the third degree under Indictment No. 565-07, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant pleaded guilty to, inter alia, murder in the second degree, admitting that he and two others entered a home without permission while carrying loaded guns, and that in the course of and in furtherance of the burglary, another person was killed. At sentencing, the defendant requested to withdraw his pleas, arguing that he did not personally kill anyone and that his codefendant was permitted to plead guilty to burglary instead of murder. The County Court denied the application.

The defendant contends on appeal that the County Court erred in denying his application to withdraw his pleas without a hearing and in failing to assign a new attorney to represent him on his application to withdraw his pleas. As these contentions do not relate to the voluntariness of the defendant's pleas, review of the contentions is precluded by the defendant's valid waiver of his right to appeal (see People v Bradshaw, 18 NY3d 257, 267; People v Seaberg, 74 NY2d 1, 10; People v Washington, 228 AD2d 457).
BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court