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People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 98 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered December 15, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 4 years to life, unanimously affirmed.

Vincent Rivellese, for respondent.

Amy Donner M. Sue Wycoff, for defendant-appellant.

Before: Rosenberger, J.P., Williams, Tom, Ellerin, Wallach, JJ.


Defendant's motion to vacate his guilty plea was properly denied without a hearing since the record establishes that his plea was knowingly, intelligently and voluntarily entered (see, People v. Frederick, 45 N.Y.2d 520). Defendant's written motion and his appearance at sentencing provided him with ample opportunity to be heard (see,People v. Gray, 235 A.D.2d 298). The plea minutes establish that defendant, who was assisted by an interpreter, understood the terms of the plea. We perceive no basis for reduction of sentence. We have considered and rejected defendant's remaining arguments.

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


Summaries of

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 98 (N.Y. App. Div. 2000)
Case details for

People v. Anonymous

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANONYMOUS…

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

Date published: Dec 14, 2000

Citations

278 A.D.2d 98 (N.Y. App. Div. 2000)
718 N.Y.S.2d 170