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People v. Familia

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 2000
268 A.D.2d 344 (N.Y. App. Div. 2000)

Opinion

January 20, 2000

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 30, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Suzanne Herbert, for respondent.

Jose A. Muniz, for defendant-appellant.

ROSENBERGER, J.P., WILLIAMS, ANDRIAS, BUCKLEY, JJ.


Defendant's motion to withdraw his guilty plea was properly denied. The allocution minutes demonstrate that defendant's plea was entered knowingly, voluntarily, and intelligently. Defendant admitted that he understood and was in fact guilty of the charge to which he was pleading, and nothing in his factual recitations undermined the voluntariness of his plea (see, People v. Moore, 71 N.Y.2d 1002; People v. McGowen, 42 N.Y.2d 905).

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


Summaries of

People v. Familia

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 2000
268 A.D.2d 344 (N.Y. App. Div. 2000)
Case details for

People v. Familia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO FAMILIA…

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

Date published: Jan 20, 2000

Citations

268 A.D.2d 344 (N.Y. App. Div. 2000)
700 N.Y.S.2d 825