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People v. Nunez

Appellate Division of the Supreme Court of New York, First Department
May 17, 2005
18 A.D.3d 289 (N.Y. App. Div. 2005)

Opinion

6089.

May 17, 2005.

Judgments, Supreme Court, New York County (Renee A. White, J.), rendered January 14, 2003, convicting defendant, upon his plea of guilty, of attempted burglary in the first degree and two counts of burglary in the second degree, and sentencing him to a term of 6 years consecutive to two concurrent terms of 6 years, unanimously affirmed.

Before: Buckley, P.J., Marlow, Sullivan, Gonzalez and Sweeny, JJ. concur.


The court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea ( see People v. Frederick, 45 NY2d 520). Defendant made no effort to elaborate on his conclusory assertion of innocence, which was contradicted by the plea allocution record. Therefore, the court was not obligated to make any inquiry.

We perceive no basis for reducing the sentence.


Summaries of

People v. Nunez

Appellate Division of the Supreme Court of New York, First Department
May 17, 2005
18 A.D.3d 289 (N.Y. App. Div. 2005)
Case details for

People v. Nunez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE NUNEZ, Appellant

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

Date published: May 17, 2005

Citations

18 A.D.3d 289 (N.Y. App. Div. 2005)
794 N.Y.S.2d 646

Citing Cases

People v. Nunez

July 29, 2005. Appeal from 1st Dept: 18 AD3d 289 (NY). Application in criminal case for leave to appeal…