People v. Bautista

Summary

The Appellate Division, Second Department affirmed two judgments convicting Fernando Bautista, upon guilty pleas, of fourth-degree grand larceny and third-degree burglary. The court held that his claim that poor pretrial confinement conditions coerced his pleas was unpreserved and unsupported by the record, and declined to review his mixed ineffective-assistance claim on direct appeal because it involved matters outside the record.

Holdings

1. The coercion claim was unpreserved because Bautista did not move to withdraw his pleas or otherwise raise the issue in County Court; in any event, the record did not establish that the conditions of confinement affected or influenced his decision to plead guilty.
2. Because Bautista's ineffective-assistance claim depended partly on matters outside the appellate record, the claim could not be resolved on direct appeal and should instead be raised in a CPL 440.10 proceeding.

Questions Presented

1. Whether Bautista's guilty pleas were effectively coerced by the poor conditions of his pretrial confinement.
2. Whether the Appellate Division could review Bautista's mixed claim of ineffective assistance of counsel on direct appeal when part of the claim depended on matters outside the record.

Disposition

affirmed