32 A.D.3d 743 820 N.Y.S.2d 796

The People of the State of New York, Respondent, v Rodgine Thompson, Appellant.

[820 NYS2d 796]

Judgment, Supreme Court, New York County (Edwin Torres, J., at request for new counsel; Jeffrey M. Atlas, J., at plea and sentence), rendered April 20, 2004, convicting defendant of robbery in the second degree and attempted sodomy in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of seven years, unanimously affirmed.

Defendant’s challenges to the voluntariness of his plea are unpreserved since he never moved to withdraw the plea or vacate his conviction (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review them in the interest of justice. We note that defendant’s statements at sentencing did not constitute a plea withdrawal motion; on the contrary, defendant expressed a desire to proceed with sentencing. Were we to review defendant’s claims, we would find them to be without merit. The plea minutes establish that the court conducted a proper allocution and that defendant’s plea was knowing, intelligent and voluntary.

The court’s summary denial of defendant’s conclusory application for new counsel was proper, since defendant failed to make any serious complaint requiring further inquiry (see People v Sides, 75 NY2d 822 [1990]). Concur — Mazzarelli, J.P., Sweeny, Catterson, McGuire and Malone, JJ.

People v. Thompson
32 A.D.3d 743 820 N.Y.S.2d 796

Case Details

Name
People v. Thompson
Decision Date
Sep 19, 2006
Citations

32 A.D.3d 743

820 N.Y.S.2d 796

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!