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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1995
214 A.D.2d 359 (N.Y. App. Div. 1995)

Opinion

April 11, 1995

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


The IAS Court properly denied defendant's application to withdraw his guilty plea, as it was based on defendant's conclusory and unsupported claims. Even though the defendant's mother apparently told defendant that she had not given a statement to the police and would not have testified against her son at trial, the plea does not appear to have been the product of coercion. Indeed, the People's case included the defendant's signed confession and his accomplice's agreement to testify against defendant.

We decline to reduce the negotiated sentence imposed as it was neither unduly harsh nor excessive.

Concur — Wallach, J.P., Asch, Nardelli, Tom and Mazzarelli, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1995
214 A.D.2d 359 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAX RODRIGUEZ…

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

Date published: Apr 11, 1995

Citations

214 A.D.2d 359 (N.Y. App. Div. 1995)
625 N.Y.S.2d 28