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People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2003
2 A.D.3d 160 (N.Y. App. Div. 2003)

Opinion

2386.

December 4, 2003.

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 10, 2000, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 11 years, unanimously affirmed.

Lori Mazur, for Respondent.

Richard E. Mischel, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Saxe, Ellerin, JJ.


After conducting a thorough hearing, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea. The record of the plea allocution, along with the testimony adduced at the plea withdrawal hearing, establishes that the plea was knowing, intelligent and voluntary, and that defendant received effective assistance of counsel, including appropriate advice concerning the offered plea ( see People v. Ford, 86 N.Y.2d 397, 404; see also Strickland v. Washington, 466 U.S. 668). The court's description of the extent of defendant's sentencing exposure in the event of a conviction after trial was not coercive ( see Britt v. State, 260 A.D.2d 6, 12-13, lv denied 95 N.Y.2d 754; People v. Cornelio, 227 A.D.2d 248, lv denied 88 N.Y.2d 982). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2003
2 A.D.3d 160 (N.Y. App. Div. 2003)
Case details for

People v. Sanchez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO SANCHEZ…

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

Date published: Dec 4, 2003

Citations

2 A.D.3d 160 (N.Y. App. Div. 2003)
767 N.Y.S.2d 621

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