From Casetext: Smarter Legal Research

People v. Curet

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1991
176 A.D.2d 160 (N.Y. App. Div. 1991)

Opinion

September 19, 1991

Appeal from the Supreme Court, Bronx County, John Byrne, J.


The trial court properly exercised its discretion in denying the defendant's application at sentencing to withdraw his previously entered pleas of guilty based on his misunderstanding of the difference between concurrent and consecutive sentences. The sentencing court kept the promises it made at the time it accepted a plea of guilty. The record reveals the defendant's pleas were made intelligently, knowingly and voluntarily (People v. Harris, 61 N.Y.2d 9), and his responses to the questions propounded during his allocution belie the claim of difficulty in understanding his interpreter or the nature of underlying proceedings. (People v. Bermudez, 157 A.D.2d 533, lv denied 75 N.Y.2d 964.)

Finally, the defendant's contention that the sentence was excessive and unduly harsh is without merit.

Concur — Murphy, P.J., Carro, Milonas and Kupferman, JJ.


Summaries of

People v. Curet

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1991
176 A.D.2d 160 (N.Y. App. Div. 1991)
Case details for

People v. Curet

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO CURET, Also…

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

Date published: Sep 19, 1991

Citations

176 A.D.2d 160 (N.Y. App. Div. 1991)

Citing Cases

People v. Torres

The sentencing court properly exercised its discretion (CPL 220.60) in denying defendant's application to…

People v. Drummond

Whether counsel inadvertently had misspoken as to the maximum term of the offer, or the record entry of 2 to…