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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1997
238 A.D.2d 253 (N.Y. App. Div. 1997)

Opinion

April 22, 1997


Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 1, 1995, convicting defendant, upon his pleas of guilty, of three counts of robbery in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Defendant's contention that his plea was not knowingly and voluntarily entered in light of his personal psychological problems and history of drug abuse is unpreserved, and without merit ( People v. Toxey, 86 N.Y.2d 725). The record indicates that defendant was lucid and rational throughout the plea and sentencing proceedings, that he consulted with his attorney in a meaningful way, and that he had a rational and factual understanding of the proceedings against him ( see, People v Bermudez, 228 A.D.2d 237, lv denied 89 N.Y.2d 919). We have considered defendant's remaining contentions and find them to be without merit.

Concur — Ellerin, J.P., Rubin, Williams and Tom, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1997
238 A.D.2d 253 (N.Y. App. Div. 1997)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RIVERA, Appellant

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

Date published: Apr 22, 1997

Citations

238 A.D.2d 253 (N.Y. App. Div. 1997)