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People v. Formosa

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 804 (N.Y. App. Div. 1994)

Opinion

February 10, 1994

Appeal from the County Court of Sullivan County (McGill, J.).


Defendant pleaded guilty to assault in the second degree and two counts of burglary in the third degree. He was sentenced as a second felony offender to concurrent terms of imprisonment of 3 to 6 years for the burglary convictions and 2 to 4 years for the assault conviction. We find that defendant's guilty plea, which included a waiver of his right to appeal, was knowing, voluntary and intelligent. We also find no error in County Court's denial of defendant's motion to withdraw his guilty plea. Further, consideration of the circumstances of this case convince us that defendant's constitutional right to a speedy trial has not been violated and that County Court substantially complied with the requirements of CPL 400.21. Finally, we find no error in County Court's denial of the motion to be relieved made by defense counsel at sentencing and conclude that defendant was not denied his right to effective assistance of counsel.

Cardona, P.J., Mercure, White, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Formosa

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 804 (N.Y. App. Div. 1994)
Case details for

People v. Formosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS FORMOSA…

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

Date published: Feb 10, 1994

Citations

201 A.D.2d 804 (N.Y. App. Div. 1994)
609 N.Y.S.2d 863