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People v. Velasquez

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 2008
47 A.D.3d 422 (N.Y. App. Div. 2008)

Opinion

No. 2483.

January 8, 2008.

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered February 26, 2007, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

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

Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.

Before: Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and McGuire, JJ.


After sufficient inquiry, the court properly denied defendant's motion to withdraw his guilty plea ( see People v Frederick, 45 NY2d 520). The record establishes the voluntariness of the plea. Defendant's vague claim of innocence was contradicted by his plea allocution, and his allegation that he felt "pressured" into pleading guilty did not provide a basis for withdrawal ( see People v Alexander, 97 NY2d 482, 484-486; People v Hobart, 286 AD2d 916, lv denied 97 NY2d 683).


Summaries of

People v. Velasquez

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 2008
47 A.D.3d 422 (N.Y. App. Div. 2008)
Case details for

People v. Velasquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis VELASQUEZ…

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

Date published: Jan 8, 2008

Citations

47 A.D.3d 422 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 57
848 N.Y.S.2d 654