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People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1991
178 A.D.2d 192 (N.Y. App. Div. 1991)

Opinion

December 10, 1991

Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).


Defendant's unsupported allegations that trial counsel failed to provide meaningful representation cannot be resolved on this record, his remedy, if any, being a motion pursuant to CPL 440.10 (see, People v Burton, 168 A.D.2d 347). The transcript of the plea proceedings shows that defendant's plea of guilty was knowing and voluntary. Sentence was imposed as promised in the plea negotiations and was not excessive in light of defendant's criminal history.

Concur — Kupferman, J.P., Asch, Kassal and Rubin, JJ.


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1991
178 A.D.2d 192 (N.Y. App. Div. 1991)
Case details for

People v. Pena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO PENA, Appellant

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

Date published: Dec 10, 1991

Citations

178 A.D.2d 192 (N.Y. App. Div. 1991)

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