| People v Khramtsov (Sergei) |
| 2012 NY Slip Op 50495(U) [34 Misc 3d 161(A)] |
| Decided on March 20, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through July 6, 2012; it will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (ShawnDya L. Simpson, J., at pleas; Dena E. Douglas, J., at sentencing), rendered
January 18, 2008, convicting him, upon pleas of guilty, of assault in the third degree (two
counts), criminal mischief in the fourth degree, and resisting arrest, and imposing sentence.
Per Curiam.
Judgment of conviction (ShawnDya L. Simpson, J., at pleas; Dena E. Douglas, J., at sentencing), rendered January 18, 2008, affirmed.
The court properly denied defendant's motion to withdraw his guilty pleas (see People v Frederick, 45 NY2d 520 [1978]). The minutes of the plea allocutions establish that the negotiated pleas were knowing, intelligent and voluntary. Defendant's belated claims of innocence and coercion were conclusory and contradicted by the record, and his challenge to the facial sufficiency of one of the underlying accusatory instruments was meritless. Defendant received a full opportunity to present his claims by written submissions, and no further inquiry was necessary under the circumstances.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 20, 2012