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People v. Infantolino

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2001
286 A.D.2d 778 (N.Y. App. Div. 2001)

Opinion

Submitted September 5, 2001.

September 24, 2001.

Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 12, 2000, convicting him of operating a motor vehicle while under the influence of alcohol and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1390/00, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered October 12, 2000, revoking a sentence of probation previously imposed by the same court (Pitts, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his prior conviction of operating a motor vehicle while under the influence of alcohol (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1800/95.

Andrew S. Worgan, Kew Gardens, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Mary Catherine Mullen of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.


ORDERED that the judgment and amended judgment are affirmed.

The defendant's plea was knowingly, voluntarily, and intelligently entered (see, People v. Harris, 61 N.Y.2d 9). The defendant's contention that the County Court erred in denying his motion to withdraw his plea of guilty without holding a hearing is without merit (see, People v. Quijada-Lopez, 256 A.D.2d 478; People v. Bonds, 254 A.D.2d 430).

SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.


Summaries of

People v. Infantolino

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2001
286 A.D.2d 778 (N.Y. App. Div. 2001)
Case details for

People v. Infantolino

Case Details

Full title:THE PEOPLE, ETC., respondent, v. XAVIER INFANTOLINO, appellant

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

Date published: Sep 24, 2001

Citations

286 A.D.2d 778 (N.Y. App. Div. 2001)
730 N.Y.S.2d 722