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People v. Leon

Appellate Term of the Supreme Court of New York, First Department
Mar 17, 2004
2004 N.Y. Slip Op. 50180 (N.Y. App. Term 2004)

Opinion

570195/03.

Decided March 17, 2004.

PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM P. McCOOE HON. MARTIN SCHOENFELD, Justices.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered December 18, 2002 (Gerald Harris, J.) convicting him, upon a plea of guilty, of driving while intoxicated (Vehicle and Traffic Law § 1192), and imposing sentence.

Judgment of conviction rendered December 18, 2002 (Gerald Harris, J.) affirmed.


Defendant's challenge to his guilty plea is unpreserved for appellate review, since he affirmatively withdrew his CPL 220.60(3) motion and agreed prior to sentencing to "stand by" his plea agreement ( see, People v. Cook, 252 AD2d 595). In any event, the record, including the thorough plea allocution, reveals that defendant's plea was made intelligently, knowingly and voluntarily, and belies defendant's assertion that the plea was coerced or that he was confused regarding the terms of the promised probationary sentence ( see, People v. Burgos, 298 AD2d 185, lv denied 99 NY2d 580).

This constitutes the decision and order of the court.


Summaries of

People v. Leon

Appellate Term of the Supreme Court of New York, First Department
Mar 17, 2004
2004 N.Y. Slip Op. 50180 (N.Y. App. Term 2004)
Case details for

People v. Leon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANZ LEON…

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

Date published: Mar 17, 2004

Citations

2004 N.Y. Slip Op. 50180 (N.Y. App. Term 2004)