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People v. Villary
Citations: 210 A.D.2d 181; 620 N.Y.S.2d 961; 1994 N.Y. App. Div. LEXIS 13208
Court: Appellate Division of the Supreme Court of the State of New York; December 26, 1994; New York; State Appellate Court
Defendant was convicted of criminal possession of a controlled substance in the fifth degree after pleading guilty and was sentenced to 2 to 4 years as a second felony offender. The Supreme Court of New York County, under Justice Carol Berkman, affirmed the conviction and sentence on March 25, 1993. The defendant's claim of ineffective assistance of counsel was found to lack support within the record, which indicated adequate communication with his attorney and a favorable plea bargain. The court confirmed that the plea was knowing and voluntary following a thorough inquiry into the defendant's reasons for wanting to withdraw the plea. The decision cited a precedent case, People v Jenkins, to support its findings. The ruling was concurred by Judges Kupferman, Ross, Williams, and Tom.