Justice Matthew J. D’Emic

 

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Torres moved to set aside his sentence arguing it was illegally imposed. He stabbed his ex-girlfriend and her son after an altercation. Torres was charged with assault in the first and second degrees. He rejected prosecutors’ offer of 12 years incarceration, but at defense counsel’s request, the court extended a one-time offer of 10 years imprisonment. The court rejected Torres’ claim his plea was involuntary based on allegations the court stated he had two minutes to decided whether to plead guilty or not. As there were sufficient facts on the record to allow the issue to be reviewed, the voluntariness of his plea may only be addressed on direct appeal, not on a CPL §440.10 motion to vacate. Torres’ claim he was deprived of his constitutional right to a trial by jury was summarily denied as there were also sufficient facts permitting appellate review, Torres’ failure to make a timely appeal procedurally barred such claim. Also, in the absence of any indication of fraud or mistake in the inducement, Torres’ claim he was denied his right to a trial by jury was denied. Further, the court rejected Torres’ claim of ineffective assistance of counsel, finding counsel’s conduct did not rise to the level of ineffectiveness under the federal or state standard.

Justice Matthew J. D’Emic

 

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Torres moved to set aside his sentence arguing it was illegally imposed. He stabbed his ex-girlfriend and her son after an altercation. Torres was charged with assault in the first and second degrees. He rejected prosecutors’ offer of 12 years incarceration, but at defense counsel’s request, the court extended a one-time offer of 10 years imprisonment. The court rejected Torres’ claim his plea was involuntary based on allegations the court stated he had two minutes to decided whether to plead guilty or not. As there were sufficient facts on the record to allow the issue to be reviewed, the voluntariness of his plea may only be addressed on direct appeal, not on a CPL §440.10 motion to vacate. Torres’ claim he was deprived of his constitutional right to a trial by jury was summarily denied as there were also sufficient facts permitting appellate review, Torres’ failure to make a timely appeal procedurally barred such claim. Also, in the absence of any indication of fraud or mistake in the inducement, Torres’ claim he was denied his right to a trial by jury was denied. Further, the court rejected Torres’ claim of ineffective assistance of counsel, finding counsel’s conduct did not rise to the level of ineffectiveness under the federal or state standard.