| People v Tobar |
| 2012 NY Slip Op 01490 [92 AD3d 906] |
| February 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Lorenzo J. Tobar, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Joanna Hershey and CourtneyWeinberger of counsel; Jeffrey Bloomfield on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Kase, J.),rendered April 29, 2009, convicting him of murder in the second degree and operating a motorvehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, andintelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People vMoissett, 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 NewYork, 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 vWashington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708, 712 [1998]).The defendant's unsubstantiated claims of coercion and dissatisfaction with the representation byhis counsel, which were refuted by his statements during the plea allocution, do not warrant ahearing (see generally People vMassey, 70 AD3d 722 [2010]; People v Hughes, 62 AD3d 1026 [2009]). Rivera, J.P., Angiolillo,Leventhal and Cohen, JJ., concur.