Appellate Division of the Supreme Court of New York, 2012

People v. Tobar

Appellate Division of the Supreme Court of New York · Decided February 21, 2012

92 A.D.3d 906; 938 N.Y.2d 819

Cases that cite this one

2 later published cases cite this decision.

People v. Pelaez (Appellate Division of the Supreme Court of New York 2012)
People v. Pelaez (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*907Contrary to the defendant’s contention, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom. Robinson v New York, 393 US 1067 [1969]). The Supreme Court properly conducted the plea allocution (see People v Nixon, 21 NY2d at 353).

The defendant was provided with the effective assistance of counsel (see Strickland v Washington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708, 712 [1998]). The defendant’s unsubstantiated claims of coercion and dissatisfaction with the representation by his counsel, which were refuted by his statements during the plea allocution, do not warrant a hearing (see generally People v Massey, 70 AD3d 722 [2010]; People v Hughes, 62 AD3d 1026 [2009]). Rivera, J.E, Angiolillo, Leventhal and Cohen, JJ., concur.

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