People v Acosta
2006 NY Slip Op 04366 [30 AD3d 1142]
Decided on June 6, 2006
Appellate Division, First Department
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.


Decided on June 6, 2006
Andrias, J.P., Friedman, Sullivan, Nardelli, Malone, JJ.
8695- 8695A Ind. 2382/03 3683/03

[*1]The People of the State of New York, Respondent,

v

Miguel Acosta, Defendant-Appellant.





Curtis J. Farber, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Victoria
E. Phillips of counsel), for respondent.

Judgments, Supreme Court, New York County (Charles H. Solomon, J.), rendered April 8, 2004, convicting defendant, upon his pleas of guilty, of criminal sale of a controlled substance in the second and third degrees, and sentencing him to concurrent terms of 4 years to life and 4 to 12 years, respectively, unanimously affirmed.

The court properly denied defendant's motion to withdraw his plea after a suitable inquiry in which defendant received an adequate opportunity to be heard (see People v Frederick, 45 NY2d 520 [1978]). The court was fully familiar with the case, including the plea negotiations and allocution, and was able to make an informed decision. The record establishes that defendant's plea was knowing, intelligent and voluntary, and that his claims of coercion were directly contradicted by statements he made at the time of the plea.

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

ENTERED: JUNE 6, 2006

CLERK