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People of the State of N.Y. v. Asmodeus Banks

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2005
16 A.D.3d 313 (N.Y. App. Div. 2005)

Opinion

5715.

March 29, 2005.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered December 10, 2003, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

Before: Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, 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 NY2d 520). The record supports the court's determination that the plea was voluntary ( see People v. Alexander, 97 NY2d 482, 485). Although defendant's plea was linked to that of his codefendant brother, it met constitutional standards for such an arrangement and the linkage did not render the plea involuntary ( see People v. Fiumefreddo, 82 NY2d 536, 545-546; People v. Ocasio, 260 AD2d 254, lv denied 93 NY2d 1004). We have considered and rejected defendant's remaining arguments.


Summaries of

People of the State of N.Y. v. Asmodeus Banks

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2005
16 A.D.3d 313 (N.Y. App. Div. 2005)
Case details for

People of the State of N.Y. v. Asmodeus Banks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASMODEUS BANKS…

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

Date published: Mar 29, 2005

Citations

16 A.D.3d 313 (N.Y. App. Div. 2005)
791 N.Y.S.2d 415