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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 2002
291 A.D.2d 282 (N.Y. App. Div. 2002)

Opinion

251

February 14, 2002.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered March 23, 2000, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

JONATHAN ZUCKER, for respondent.

MARIANNE KARAS, for defendant-appellant.

Before: Sullivan, J.P., Rosenberger, Rubin, Friedman, Marlow, JJ.


Since defendant did not move to withdraw his plea, his challenges to its voluntariness are unpreserved (People v. Lopez, 71 N.Y.2d 662, 665), and we decline to review them in the interest of justice. Were we to review these claims, we would find that nothing in the record casts doubt on the voluntariness of the plea (see, People v. Toxey, 86 N.Y.2d 725). While in response to the court's question defendant stated that he was taking medication, he specifically stated that this unspecified medication had no effect on his ability to understand the proceedings (see, People v. Tejeda, 176 A.D.2d 175). Furthermore, the record fails to support defendant's claim that he was threatened with a more severe sentence if he did not accept the plea.

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


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 2002
291 A.D.2d 282 (N.Y. App. Div. 2002)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BENJAMIN GONZALEZ…

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

Date published: Feb 14, 2002

Citations

291 A.D.2d 282 (N.Y. App. Div. 2002)
737 N.Y.S.2d 288