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People v. Booth

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 21, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DANA BOOTH, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered April 24, 2007, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 14 years, 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.

Andrias, J.P., Nardelli, McGuire, Acosta, DeGrasse, JJ.

4653/06

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]). Since "the court had no reason to believe that the {attorney's] 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]), there was no conflict of interest and no reason to assign new counsel. Furthermore, the record indicates that counsel rendered effective assistance by negotiating a favorable disposition in this felony murder case (see People v Ford, 86 NY2d 397, 404 [1995]).

The plea was not rendered involuntary by the court's failure to mention the surcharges and fees during the allocution (People v Hoti, NY3d , 2009 NY Slip Op 1249).

Defendant made a valid waiver of his right to appeal, which forecloses his excessive sentence claim. As an alternative holding, we perceive no basis for reducing the sentence.

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

20090421

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