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People v. Burke

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 731 (N.Y. App. Div. 1993)

Opinion

October 7, 1993

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Defendant contends on this appeal that County Court erred in denying his motion to withdraw his guilty plea and that the sentence of 2 1/3 to 7 years' imprisonment imposed by County Court is harsh and excessive. Defendant contended in his motion to withdraw his guilty plea that he was unaware of the conditions of the plea agreement. This contention is belied by the record of the plea proceedings, which establishes that defendant was fully aware of the conditions of the plea bargain and that his plea was knowing, intelligent and voluntary, and made without any hesitation or protestation of innocence (see, People v. De Gaspard, 170 A.D.2d 835, lv denied 77 N.Y.2d 994). The record further establishes that County Court ascertained that defendant understood the consequences of the plea; defendant stated that he was not coerced to enter the guilty plea and was satisfied with his counsel's representation. County Court therefore did not err in summarily denying defendant's motion after giving him an opportunity to state the basis for his withdrawal application (see, People v. Ross, 182 A.D.2d 1022, lv dismissed 80 N.Y.2d 934; People v. Jimenez, 179 A.D.2d 840, lv denied 79 N.Y.2d 949).

Finally, defendant was allowed to plead guilty to burglary in the third degree in satisfaction of a two-count indictment and did so knowing that he could receive the sentence ultimately imposed. Given these facts, and considering defendant's criminal record, we find no basis to disturb the sentence imposed by County Court (see, People v. Gonzalez, 178 A.D.2d 850, lv denied 79 N.Y.2d 948; People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Weiss, P.J., Mikoll, Yesawich Jr., Crew III and White, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Burke

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 731 (N.Y. App. Div. 1993)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN BURKE, Appellant

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

Date published: Oct 7, 1993

Citations

197 A.D.2d 731 (N.Y. App. Div. 1993)
602 N.Y.S.2d 243

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