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People v. Lizardi

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2010
71 A.D.3d 406 (N.Y. App. Div. 2010)

Opinion

No. 2283.

March 2, 2010.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 12, 2008, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel) for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Daniel K. Shin of counsel) for respondent.

Before: Gonzalez, P.J., Saxe, McGuire, Acosta and Abdus-Salaam, JJ.


After sufficient inquiry, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea ( see People v Frederick, 45 NY2d 520). The record supports the court's detailed findings of fact, in which it rejected each of defendant's challenges to his plea. Under the circumstances, it was unnecessary to engage in further fact-finding regarding counsel's pre-plea advice to defendant about the defenses of justification and intoxication.


Summaries of

People v. Lizardi

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2010
71 A.D.3d 406 (N.Y. App. Div. 2010)
Case details for

People v. Lizardi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER LIZARDI…

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

Date published: Mar 2, 2010

Citations

71 A.D.3d 406 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1688
894 N.Y.S.2d 752

Citing Cases

People v. Lizardi

May 12, 2010. Appeal from the 1st Dept: 71 AD3d 406 (NY). (Smith,…