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People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 2001
287 A.D.2d 664 (N.Y. App. Div. 2001)

Opinion

Submitted September 26, 2001.

October 22, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered January 27, 2000, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Lisa Drury of counsel; Sari Goldberg on the brief), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


ORDERED that the judgment is affirmed.

The decision whether to grant a defendant permission to withdraw his plea of guilty lies in the sound discretion of the court (see, CPL 220.60; People v. Deleg, 274 A.D.2d 522; People v. Rodriguez, 270 A.D.2d 434). Here, the record reveals that the defendant was lucid, rational, and unequivocal in assuring the court that he comprehended the meaning of the plea proceeding (see, People v. Rodriguez, supra; People v. Torres, 215 A.D.2d 702). Further, since the defendant was afforded a reasonable opportunity to present his contentions, and the court was able to make an informed decision, the court providently exercised its discretion in denying the motion without conducting a hearing (see, People v. Tinsley, 35 N.Y.2d 926; People v. Rodriguez, supra; People v. Santana, 176 A.D.2d 360).

The defendant's remaining contentions are without merit. O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 2001
287 A.D.2d 664 (N.Y. App. Div. 2001)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ARMANDO SANTIAGO, appellant

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

Date published: Oct 22, 2001

Citations

287 A.D.2d 664 (N.Y. App. Div. 2001)
731 N.Y.S.2d 854

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