PEOPLE v. CLARKE (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Kevin CLARKE, Defendant-Appellant.

Decided: June 02, 1998

Before SULLIVAN, J.P., and MILONAS, ROSENBERGER, NARDELLI and WILLIAMS, JJ.

Brian O'Donoghue, for Respondent. William L. Ostar, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered March 14, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court properly denied defendant's motion to withdraw his plea, without holding a hearing. Defendant's incredible claim of intoxication from his alleged ingestion of drugs ten minutes before taking the plea was contradicted by defendant's lucid plea allocution and the court's own recollection of defendant's normal demeanor thereat (see, People v. Bermudez, 228 A.D.2d 237, 643 N.Y.S.2d 564, lv. denied 89 N.Y.2d 919, 654 N.Y.S.2d 721, 677 N.E.2d 293; People v. Rivera, 191 A.D.2d 209, 594 N.Y.S.2d 209, appeal withdrawn 81 N.Y.2d 975, 598 N.Y.S.2d 777, 615 N.E.2d 234).

MEMORANDUM DECISION.

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