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People v. Benson

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 1985
112 A.D.2d 538 (N.Y. App. Div. 1985)

Opinion

July 11, 1985

Appeal from the County Court of Albany County (Clyne, J.).


At the time of his negotiated plea of guilty, defendant was questioned by the trial court as to the facts and circumstances of the crime to which he pleaded guilty. These facts were, essentially, set forth in the language of the indictment. Additionally, defendant further admitted that he and his codefendant had, in effect, stomped the decedent to death. At defendant's request, the trial court accepted the plea and subsequently sentenced defendant to an indeterminate term of imprisonment with a minimum of 20 years and a maximum of life. There was no objection by defendant or his counsel at the time of sentencing, nor any application made to withdraw the plea of guilty at any time before or after sentencing. Under the circumstances, the judgment must be affirmed ( People v. Claudio, 64 N.Y.2d 858; People v. Sharer, 105 A.D.2d 470, lv denied 64 N.Y.2d 764).

Judgment affirmed. Mahoney, P.J., Kane, Main, Casey and Weiss, JJ., concur.


Summaries of

People v. Benson

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 1985
112 A.D.2d 538 (N.Y. App. Div. 1985)
Case details for

People v. Benson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. BENSON…

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

Date published: Jul 11, 1985

Citations

112 A.D.2d 538 (N.Y. App. Div. 1985)