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People v. Ginocchietti

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1997
243 A.D.2d 295 (N.Y. App. Div. 1997)

Opinion

October 9, 1997

Appeal from Supreme Court, New York County (Rose Rubin, J., at plea; Harold Beeler, J., at sentencing).


Defendant's motion to withdraw his guilty plea was properly denied after sufficient inquiry. Contrary to defendant's conclusory allegations made at sentencing and on appeal, the record establishes that the plea was entered knowingly, intelligently and voluntarily ( see, People v. Frederick, 45 N.Y.2d 520) and that defendant received effective assistance of counsel at all stages of the proceedings ( see, People v. Ford, 86 N.Y.2d 397, 404). By withdrawing his pending suppression motions in connection with his guilty plea, defendant waived appellate review of any suppression issues ( People v. Fernandez, 67 N.Y.2d 686). Review of defendant's remaining contentions, all of which are meritless in any event, is foreclosed by defendant's guilty plea ( People v. Taylor, 65 N.Y.2d 1).

Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.


Summaries of

People v. Ginocchietti

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1997
243 A.D.2d 295 (N.Y. App. Div. 1997)
Case details for

People v. Ginocchietti

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. UMBERTO GINOCCHIETTI…

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

Date published: Oct 9, 1997

Citations

243 A.D.2d 295 (N.Y. App. Div. 1997)
664 N.Y.S.2d 517