PEOPLE v. GARCIA (2007)

Judgments, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered March 7, 2005, convicting defendant, upon his pleas of guilty, of two counts of assault in the first degree, and sentencing him to concurrent terms of 8 and 5 years, unanimously affirmed.

 The court properly denied defendant's motion to withdraw his guilty plea (see People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ).   The record establishes that the plea was voluntary (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 [2005] ), notwithstanding the fact that it was linked to the disposition of the codefendant, who was defendant's brother (see People v. Fiumefreddo, 82 N.Y.2d 536, 544-547, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ). There was nothing coercive about the court's advice to defendant about his possible sentencing exposure and the inherent hazards of a trial.   Moreover, defendant received effective assistance of counsel in connection with his plea (see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 [1995];  see also Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 [1985] ).   When counsel warned defendant, in graphic terms, that going to trial would be suicidal, he was offering his professional opinion on the strength of the case and his sound advice to plead guilty (see e.g. People v. Hines, 267 A.D.2d 17, 698 N.Y.S.2d 491 [1999], lv. denied 94 N.Y.2d 921, 708 N.Y.S.2d 360, 729 N.E.2d 1159 [2000] ).   We have considered and rejected defendant's remaining claims.