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People v. Holmes

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 2005
19 A.D.3d 187 (N.Y. App. Div. 2005)

Opinion

6328.

June 14, 2005.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered November 16, 2001, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 15 years, unanimously affirmed.

Moira E. Casey, Douglaston, for appellant.

Robert M. Morgenthau, District Attorney, New York (Walter J. Storey of counsel), for respondent.

Before: Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.


The court was not obligated, sua sponte, to order a CPL article 730 examination ( see Pate v. Robinson, 383 US 375; People v. Tortorici, 92 NY2d 757, cert denied 528 US 834; People v. Morgan, 87 NY2d 878). The information before the court concerning defendant's mental condition contained no suggestion that he was unable to understand the proceedings or assist in his defense. The record establishes the voluntariness of defendant's guilty plea.

We perceive no basis for reducing the sentence.


Summaries of

People v. Holmes

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 2005
19 A.D.3d 187 (N.Y. App. Div. 2005)
Case details for

People v. Holmes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO HOLMES…

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

Date published: Jun 14, 2005

Citations

19 A.D.3d 187 (N.Y. App. Div. 2005)
796 N.Y.S.2d 361