Appellate Division of the Supreme Court of New York, 1998

People v. Miles

People v. Miles
Appellate Division of the Supreme Court of New York · Decided December 15, 1998
256 A.D.2d 157; 683 N.Y.S.2d 423; 1998 N.Y. App. Div. LEXIS 13704
People v. Miles

Opinion of the Court

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered May 16, 1996, convicting defendant, upon his plea of guilty, of robbery in the first degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 8 to 16 years and 4 to 8 years, respectively, unanimously affirmed.

Defendant knowingly and voluntarily pleaded guilty. There is no support whatever in the record for his claim that the court coerced the plea. Defendant received effective assistance of counsel (People v Ford, 86 NY2d 397, 404), and did not establish good cause for a substitution of counsel (People v Sides, 75 NY2d 822). Were we to treat defendant’s statements at sentencing as an application to withdraw his plea, we would find that such application was properly denied after sufficient inquiry.

We perceive no abuse of sentencing discretion. Concur— Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.

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