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People v. Chavis

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 926 (N.Y. App. Div. 1990)

Opinion

October 5, 1990

Appeal from the Onondaga County Court, Mulroy, J.

Present — Dillon, P.J., Callahan, Green, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of two counts of first degree rape, defendant argues that the court erred in denying his motion to withdraw his plea and in ordering him to pay restitution to one of the victims. We find that the court's plea colloquy was sufficient, and there is no evidence that defendant was under duress when he entered his plea. Therefore, the court did not err in denying defendant's motion to set aside the plea. Defendant did not object to the restitution portion of his sentence (see, People v. Fuller, 57 N.Y.2d 152, 156) and, in any event, the court did not abuse its discretion in ordering restitution (see, People v. Turco, 130 A.D.2d 785, lv denied 70 N.Y.2d 755).


Summaries of

People v. Chavis

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 926 (N.Y. App. Div. 1990)
Case details for

People v. Chavis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CHAVIS…

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

Date published: Oct 5, 1990

Citations

166 A.D.2d 926 (N.Y. App. Div. 1990)
561 N.Y.S.2d 674