Opinion
11-29-2016
The PEOPLE of the State of New York, Respondent, v. Hakim BRUNSON, also known as Shakim Brunson, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.
Judgments, Supreme Court, New York County (Jill Konviser, J.), rendered July 29, 2014, convicting defendant, upon his guilty pleas, of burglary in the third degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.
The court properly exercised its discretion in denying defendant's motion to vacate his guilty plea under his burglary indictment (see generally People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ). Defendant's claims of innocence were contradictory or unfounded, and his claim that he was mentally unfit to take the plea due to his alleged failure to take prescribed antipsychotic medication was refuted by the plea allocution and the court's recollection of defendant's demeanor.
MAZZARELLI, J.P., RENWICK, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.