People v. Robert

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT D., Appellant

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

Date published: Jan 31, 1994

200 A.D.2d 756 (N.Y. App. Div. 1994)

608 N.Y.S.2d 874

Opinion

January 31, 1994

Appeal from the Supreme Court, Suffolk County (Mullen, J.).

Ordered that the amended judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The record fails to support the defendant's claims that his admission to violating his probation was improvident or baseless, or that his factual recitation cast significant doubt upon his guilt (see, People v. Lopez, 71 N.Y.2d 662; People v. Durant, 198 A.D.2d 515; People v. Pernell, 189 A.D.2d 833; People v. Nina, 184 A.D.2d 593; People v. Minard, 161 A.D.2d 607).

The defendant's remaining contentions are either unpreserved for appellate review or lacking in merit. Thompson, J.P., O'Brien, Ritter and Altman, JJ., concur.