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People v. Lewis

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 730 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the County Court of Chemung County (Castellino, J.).


Defendant pleaded guilty to the crime of rape in the second degree and was sentenced to a prison term of 2 to 6 years. He argues that County Court erred in denying his motion to withdraw his guilty plea and that the sentence imposed is harsh and excessive. Initially, our review of the transcript of the plea allocution reveals that defendant was fully advised of the ramifications of his guilty plea and that his guilty plea was knowingly, intelligently and voluntarily entered. Accordingly, County Court did not err in denying defendant's motion ( see, People v. Baker, 225 A.D.2d 949; People v. Hierl, 197 A.D.2d 796, lv denied 82 N.Y.2d 896). Moreover, we do not find that the sentence imposed is harsh or excessive given the nature of the crime and the fact that defendant agreed to the sentence as part of the plea agreement.

Cardona, P.J., Mikoll, Mercure, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 730 (N.Y. App. Div. 1996)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. LEWIS…

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 730 (N.Y. App. Div. 1996)
643 N.Y.S.2d 428

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