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People v. Conti

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 557 (N.Y. App. Div. 2001)

Opinion

Submitted June 6, 2001.

July 16, 2001.

Appeal by the defendant from two judgments of the Supreme Court, Queens County (Grosso, J.), both rendered November 23, 1998, convicting him of attempted assault in the first degree (two counts, one each as to Superior Court Information Nos. 2942/98 and 3429/98), upon his pleas of guilty, and imposing sentences.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Laura Ross of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


ORDERED that the judgments are affirmed.

Contrary to the defendant's contention, the comments he made at sentencing did not call into question the voluntariness of his pleas. Therefore, the Supreme Court was not under a duty to inquire, sua sponte, into the validity of his pleas, or to offer him an opportunity to withdraw his pleas before imposing sentence (see, People v. Jackson, 273 A.D.2d 937; People v. Riley, 264 A.D.2d 689; see generally, People v. Lopez, 71 N.Y.2d 662).

O'BRIEN, J.P., KRAUSMAN, GOLDSTEIN, SCHMIDT and CRANE, JJ., concur.


Summaries of

People v. Conti

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 557 (N.Y. App. Div. 2001)
Case details for

People v. Conti

Case Details

Full title:THE PEOPLE, ETC., respondent, v. FRANCIS CONTI, appellant

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

Date published: Jul 16, 2001

Citations

285 A.D.2d 557 (N.Y. App. Div. 2001)
727 N.Y.S.2d 884

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