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People v. Fortunato

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 387 (N.Y. App. Div. 1989)

Opinion

May 1, 1989

Appeal from the County Court, Westchester County (Edelstein, J.).


Ordered that the judgment is affirmed.

The defendant was afforded an adequate opportunity to state the basis for his motion to withdraw his plea (see generally, People v Tinsley, 35 N.Y.2d 926; People v Pettway, 140 A.D.2d 721; People v Melendez, 135 A.D.2d 660), yet failed to demonstrate the existence of any factual basis upon which to conclude that his guilty plea was involuntary. The County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea (see generally, People v Pettway, supra; People v Melendez, supra; People v Doherty, 134 A.D.2d 513; People v Lee, 132 A.D.2d 625). Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.


Summaries of

People v. Fortunato

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 387 (N.Y. App. Div. 1989)
Case details for

People v. Fortunato

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FORTUNATO…

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

Date published: May 1, 1989

Citations

150 A.D.2d 387 (N.Y. App. Div. 1989)