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People v. Carrasquillo

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2002
291 A.D.2d 238 (N.Y. App. Div. 2002)

Opinion

170

February 7, 2002.

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered May 5, 2000, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 6 years, unanimously affirmed.

DAVID J. MUDD, for respondent.

CYNTHIA FEATHERS, for defendant-appellant.

Before: Tom, J.P., Mazzarelli, Sullivan, Wallach, Marlow, JJ.


The sentencing court was under no obligation to inquire further into defendant's assertions that his plea was coerced by counsel and that his responses at the plea allocution were untruthful (see, People v. Pemberton, 268 A.D.2d 236, lv denied 94 N.Y.2d 951). The conduct which defendant claimed to have been coercive amounted to nothing more than sound advice about the consequences of a conviction after trial. Moreover, defendant made no motion to withdraw his plea, and nothing in defendant's plea allocution cast doubt on the plea's voluntariness.

We perceive no basis for a reduction of sentence.

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


Summaries of

People v. Carrasquillo

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2002
291 A.D.2d 238 (N.Y. App. Div. 2002)
Case details for

People v. Carrasquillo

Case Details

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

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

Date published: Feb 7, 2002

Citations

291 A.D.2d 238 (N.Y. App. Div. 2002)
738 N.Y.S.2d 21

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