Reset A A Font size: Print

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

The PEOPLE of the State of New York, Respondent, v. Carlos RIVERA, Defendant-Appellant.

Decided: February 25, 1999

ROSENBERGER, J.P., ELLERIN, WILLIAMS and ANDRIAS, JJ. John M. Moreira, for Respondent. Julia P. Kuan, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered October 8, 1996, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 18 years to life, unanimously affirmed.

 After sufficient inquiry, the court properly denied defendant's motion to withdraw his guilty plea, without a hearing and without appointment of new counsel.   The record establishes that a favorable and voluntary plea was entered after a thorough allocution, and neither defendant's conclusory claim of coercion by counsel nor counsel's statements in response thereto required substitution of counsel (see, People v. Smith, 253 A.D.2d 668, 677 N.Y.S.2d 464;  People v. Bonner, 251 A.D.2d 107, 672 N.Y.S.2d 732, lv. denied 92 N.Y.2d 923, 680 N.Y.S.2d 464, 703 N.E.2d 276;  People v. Senghor, 248 A.D.2d 299, 670 N.Y.S.2d 87, lv. denied 92 N.Y.2d 905, 680 N.Y.S.2d 69, 702 N.E.2d 854).


Copied to clipboard