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People v. McCullen

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 969 (N.Y. App. Div. 1986)

Opinion

January 24, 1986

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Dillon, P.J., Doerr, Boomer, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: Defendant seeks to vacate his plea of guilty to attempted robbery in the second degree (Penal Law § 110.00, 160.10 Penal). Viewing the record of the plea proceeding in its entirety, we conclude that defendant admitted the material elements of the crime to which he pleaded guilty. In any event, before accepting this reduced plea on a multicount indictment, the court took appropriate "precautions to assure that the defendant [was] aware of what he [was] doing" (People v Serrano, 15 N.Y.2d 304, 310).

There is no merit to defendant's claim that the sentence imposed by the court was harsh and excessive.


Summaries of

People v. McCullen

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 969 (N.Y. App. Div. 1986)
Case details for

People v. McCullen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL McCULLEN…

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

Date published: Jan 24, 1986

Citations

116 A.D.2d 969 (N.Y. App. Div. 1986)