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People v. Burgess

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1991
178 A.D.2d 486 (N.Y. App. Div. 1991)

Opinion

December 9, 1991

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the judgment is affirmed.

The People, who have consented to enlargement of the record to include medical reports, correctly assert that the defendant's discovery after imposition of sentence that he suffers from acquired immune deficiency syndrome has no bearing on the validity of his plea. The record establishes that the defendant entered the plea with full knowledge and understanding of the legal consequences and his claim that the plea should now be vacated is without merit (cf., People v Ramos, 63 N.Y.2d 640; People v Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Moreover, there is nothing in the record to suggest that the defendant was deprived of the effective assistance of counsel (see, People v Brown, 45 N.Y.2d 852). Finally, while unfortunate, the defendant's illness is no basis for reducing the bargained-for sentence (see, People v Holley, 162 A.D.2d 469; People v Napolitano, 138 A.D.2d 414; see also, People v Kazepis, 101 A.D.2d 816). Harwood, J.P., Balletta, Rosenblatt and Copertino, JJ., concur.


Summaries of

People v. Burgess

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1991
178 A.D.2d 486 (N.Y. App. Div. 1991)
Case details for

People v. Burgess

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC BURGESS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 1991

Citations

178 A.D.2d 486 (N.Y. App. Div. 1991)

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