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People v. Marchetti

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 2006
27 A.D.3d 254 (N.Y. App. Div. 2006)

Opinion

8030.

March 9, 2006.

Judgment, Supreme Court, New York County (Bernard J. Fried, J., at plea; Micki Scherer, J., at sentence), rendered July 28, 2004, convicting defendant, upon her plea of guilty, of reckless endangerment in the first degree, and sentencing her to a term of six months concurrent with five years' probation, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Laura I. Appleman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Richard L. Sullivan of counsel), for respondent.

Before: Buckley, P.J., Marlow, Sullivan, Catterson and McGuire, JJ., concur.


The record establishes the voluntariness of the plea ( see People v. Fiumefreddo, 82 NY2d 536). On the totality of the record, defendant unequivocally acknowledged her guilt. During the allocution, the court asked appropriate clarifying questions that elicited defendant's unequivocal admission to the crime charged ( see People v. Lopez, 71 NY2d 662, 666). Accordingly, the plea court properly denied defendant's motion to withdraw her plea.


Summaries of

People v. Marchetti

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 2006
27 A.D.3d 254 (N.Y. App. Div. 2006)
Case details for

People v. Marchetti

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELAINE MARCHETTI…

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

Date published: Mar 9, 2006

Citations

27 A.D.3d 254 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1706
809 N.Y.S.2d 911