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People v. Settles

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 349 (N.Y. App. Div. 2003)

Opinion

2619.

Decided December 30, 2003.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 29, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a firearm in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Heather Pearson, for Respondent.

Bruce D. Austern, for Defendant-Appellant.

Before: Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ.


The court properly denied defendant's motion to withdraw his guilty plea after a suitable inquiry at which defendant received a sufficient opportunity to present his contentions ( see People v. Frederick, 45 N.Y.2d 520). The court properly relied on its recollection of the plea proceedings and correctly rejected defendant's claim that the voluntariness of his plea was impaired by the medication he was taking ( see People v. Alexander, 97 N.Y.2d 482).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Settles

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 349 (N.Y. App. Div. 2003)
Case details for

People v. Settles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SETTLES…

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

Date published: Dec 30, 2003

Citations

2 A.D.3d 349 (N.Y. App. Div. 2003)
768 N.Y.S.2d 816

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