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People v. Terry

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1976
53 A.D.2d 778 (N.Y. App. Div. 1976)

Opinion

June 17, 1976


Appeal from a judgment of the County Court of Warren County, rendered November 5, 1971, convicting defendant, upon his plea of guilty, of the crime of manslaughter in the first degree (Penal Law, § 125.20). The sole issue on this appeal is whether the defendant's plea was voluntarily entered. The record herein clearly demonstrates that defendant's plea, with the advice and consent of his counsel, was intelligently and freely given, voluntarily entered and fully met all applicable tests in that regard (People v La Ruffa, 34 N.Y.2d 242; People ex rel. Woodruff v Mancusi, 41 A.D.2d 12). The court not only advised the defendant of his rights and the effect of such a plea, but also told the defendant the sentence he would receive if he pleaded guilty. Indeed, the defendant concedes that there is nothing in the record to imply lack of consent or coercion regarding the plea. Bare allegations by the defendant are insufficient. Judgment affirmed. Sweeney, J.P., Kane, Larkin, Herlihy and Reynolds, JJ., concur.


Summaries of

People v. Terry

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1976
53 A.D.2d 778 (N.Y. App. Div. 1976)
Case details for

People v. Terry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH TERRY, Appellant

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

Date published: Jun 17, 1976

Citations

53 A.D.2d 778 (N.Y. App. Div. 1976)

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