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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 664 (N.Y. App. Div. 1991)

Opinion

November 18, 1991

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

It is well settled that the right of a defendant to withdraw a plea of guilty rests within the sound discretion of the court (see, CPL 220.60; People v. O'Callaghan, 171 A.D.2d 706; People v. Hagzan, 155 A.D.2d 616). Here, the court conducted a lengthy and complete plea allocution in the presence of competent counsel, and the defendant was fully advised of the sentencing limitations and the consequences of the plea (see, People v Harris, 61 N.Y.2d 9). The defendant's claim of mental incapacity due to medication is belied not only by the defendant's statements and observed demeanor at the plea (see, People v Bangert, 107 A.D.2d 752), but also by the testimony of the expert witness called on his behalf. Since the defendant did not testify and no other witnesses were called to substantiate his claim, his conclusory allegation of being unable to comprehend the proceedings was unsupported by the evidence (see, People v Irizzary, 125 A.D.2d 589). Thus, the court's decision to deny the defendant's motion to withdraw his plea was a proper exercise of discretion and should not be disturbed.

The defendant received precisely the sentence for which he freely and knowingly bargained, and which was promised to him at the time of his guilty plea. He cannot now complain that the sentence was harsh or excessive (see, People v. Hagzan, supra, at 617; People v. Kazepis, 101 A.D.2d 816). In any event, the court properly considered the defendant's prior criminal history, the seriousness of the crime, and the impact on the victim's family and society, and imposed a sentence which reflected the factors of deterrence, punishment and ensuring the safety of the community. Under these circumstances, the sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Kunzeman, Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 664 (N.Y. App. Div. 1991)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS RIVERA, Appellant

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

Date published: Nov 18, 1991

Citations

177 A.D.2d 664 (N.Y. App. Div. 1991)
576 N.Y.S.2d 365

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