Majority
p. 906The People of the State of New York, Respondent, v Lorenzo J. Tobar, Appellant. [938 NYS2d 819]
p. 907
Contrary to the defendant’s contention, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Fiumefreddo, 82 NY2d 536 , 543 [1993]; People v Moissett, 76 NY2d 909 , 910-911 [1990]; People v Harris, 61 NY2d 9 , 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom. Robinson v New York, 393 US 1067 [1969]). The Supreme Court properly conducted the plea allocution (see People v Nixon, 21 NY2d at 353 ).
The defendant was provided with the effective assistance of counsel (see Strickland v Washington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708 , 712 [1998]). The defendant’s unsubstantiated claims of coercion and dissatisfaction with the representation by his counsel, which were refuted by his statements during the plea allocution, do not warrant a hearing (see generally People v Massey, 70 AD3d 722 [2010]; People v Hughes, 62 AD3d 1026 [2009]). Rivera, J.E, Angiolillo, Leventhal and Cohen, JJ., concur.
Cases cited
- People v. Fiumefreddo 82 NY2d 536 at 543 p. 907
- People v. Moissett 76 NY2d 909 at 910-911 p. 907
- People v. Harris 61 NY2d 9 at 16 p. 907
- People v. Nixon 21 NY2d 338 p. 907
- Strickland v. Washington 466 US 668 p. 907
- People v. Benevento 91 NY2d 708 at 712 p. 907
- People v. Hughes 62 AD3d 1026 p. 907