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People v. Vazquez

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
2006 N.Y. Slip Op. 9028 (N.Y. App. Div. 2006)

Opinion

No. 2005-07377.

Decided on November 28, 2006

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered July 13, 2005, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ellen O'Hara Woods of counsel), for respondent

ROBERT W. SCHMIDT, J.P. DAVID S. RITTER, WILLIAM F. MASTRO, STEVEN W. FISHER, MARK C. DILLON, JJ.


DECISION ORDER


The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty. There is nothing in the record to indicate that the plea was not knowing, intelligent, or voluntary, or was either improvident or baseless, and the defendant's bare assertions of confusion are belied by the record ( see People v Fiumefreddo, 82 NY2d 536; People v Feliciano, 53 NY2d 645; People v Smith, 181 AD2d 751).

As part of his plea agreement, the defendant effectively waived appellate review of his claim that the sentence imposed was excessive ( see People v Ramos, 7 NY3d 737; People v Seaberg, 74 NY2d 1).

The defendant's remaining contention is unpreserved for appellate review.


Summaries of

People v. Vazquez

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2006
2006 N.Y. Slip Op. 9028 (N.Y. App. Div. 2006)
Case details for

People v. Vazquez

Case Details

Full title:The PEOPLE, ETC., respondent, v. Miguel Angel VAZQUEZ, appellant

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

Date published: Nov 28, 2006

Citations

2006 N.Y. Slip Op. 9028 (N.Y. App. Div. 2006)