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People v. Palmeri

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 418 (N.Y. App. Div. 1996)

Opinion

May 6, 1996

Appeal from the County Court, Suffolk County (Weissman, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without first conducting a hearing, since the plea and sentencing minutes reveal that the County Court conducted a sufficient inquiry into, and properly rejected, the defendant's unsupported assertions of innocence and coercion ( see, People v. Toney, 215 A.D.2d 791; People v Billings, 208 A.D.2d 941). Additionally, the court properly concluded that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see, People v Harris, 61 N.Y.2d 9).

Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, the defendant has no basis to complain now that his sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Palmeri

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 418 (N.Y. App. Div. 1996)
Case details for

People v. Palmeri

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PALMERI…

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

Date published: May 6, 1996

Citations

227 A.D.2d 418 (N.Y. App. Div. 1996)
642 N.Y.S.2d 555

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