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People v. Reed

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 12, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MICHAEL REED, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 2, 2006, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Catterson, McGuire, Acosta, Renwick, JJ.

6646/05

After sufficient inquiry (see People v Frederick, 45 NY2d 520 [1978]), the court properly denied defendant's motion to withdraw his guilty plea. The record establishes that the plea was voluntary (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]), and that defendant's attacks on his counsel's representation were without merit (see People v Ford, 86 NY2d 397, 404 [1995]). "[T]he court had no reason to believe that the allegedly coercive conduct amounted to anything more than sound advice to accept the favorable plea offer." (People v Torrence, 7 AD3d 444 [2004], lv denied 3 NY3d 682 [2004]). Accordingly, there was no conflict of interest and no reason to assign new counsel for the plea withdrawal application. Defendant's assertion that medication affected his ability to understand the plea proceedings was unsupported by any evidence, as well as contradicted by the plea allocution record.

The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement of sentence, was lawful (People v Guerrero, __ NY3d __, 2009 NY Slip Op 01242).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090312

© 1992-2009 VersusLaw Inc.



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