From Casetext: Smarter Legal Research

People v. Thomas

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 1994
200 A.D.2d 374 (N.Y. App. Div. 1994)

Opinion

January 6, 1994

Appeal from the Supreme Court, New York County (Harold Rothwax, J.).


The court properly denied, without a hearing, defendant's pro se motion made at sentencing to withdraw his guilty plea, his claim that the plea was not knowing and voluntary having been belied by the record of the plea proceedings and the two CPL article 730 reports that found him competent to stand trial (see, People v. Alicea, 191 A.D.2d 702, lv denied 81 N.Y.2d 1069), and unsupported by any evidence that he was suffering any of the negative side effects associated with his medication (see, People v. Williams, 144 A.D.2d 402).

The sentence imposed was the result of a valid plea negotiation and was not excessive.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Rubin, JJ.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 1994
200 A.D.2d 374 (N.Y. App. Div. 1994)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN THOMAS, Appellant

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

Date published: Jan 6, 1994

Citations

200 A.D.2d 374 (N.Y. App. Div. 1994)
606 N.Y.S.2d 71

Citing Cases

Thomas v. Senkowski

On October 24, 1990, the petitioner was sentenced to a period of imprisonment of eighteen years to life. On…