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People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
May 2, 2006
29 A.D.3d 308 (N.Y. App. Div. 2006)

Opinion

8442.

May 2, 2006.

Judgment, Supreme Court, Bronx County (John A. Barone, J.), rendered August 26, 2004, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him to a term of 3½ years, unanimously affirmed.

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Nancy D. Killian of counsel), for respondent.

Before: Buckley, P.J., Andrias, Nardelli, Sweeny and McGuire, JJ.


The court properly denied defendant's motion to withdraw his plea of guilty ( see People v. Frederick, 45 NY2d 520). Each of the claims defendant made in his written motion was directly contradicted by the plea allocution record, which establishes that the plea was knowing, intelligent and voluntary. Defendant was not entitled to a hearing or further inquiry simply because, in his motion, he disavowed the responses he had made to the court's careful questioning at the time of the plea.


Summaries of

People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
May 2, 2006
29 A.D.3d 308 (N.Y. App. Div. 2006)
Case details for

People v. Sanchez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY SANCHEZ, Appellant

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

Date published: May 2, 2006

Citations

29 A.D.3d 308 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3453
813 N.Y.S.2d 299