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People v. Irizzary

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1986
125 A.D.2d 589 (N.Y. App. Div. 1986)

Opinion

December 22, 1986

Appeal from the Supreme Court, Kings County (Bonomo, J.).


Ordered that the judgment is affirmed.

The sentencing court did not abuse its discretion in determining that the defendant's request to withdraw his plea on the grounds that he was mentally unfit, that he was innocent and that he was forced to plead guilty because of his attorney's incompetence, was without merit (CPL 220.60; People v. Pica, 112 A.D.2d 325; People v. Stubbs, 110 A.D.2d 725, 727; People v Kelsch, 96 A.D.2d 677, 678). In view of the complete allocution of the defendant's plea before the same Judge who presided at sentencing and the fact that the defendant made no showing in support of his conclusory assertions, Criminal Term properly proceeded to impose sentence without making any further inquiry (see, People v. Brown, 110 A.D.2d 902, 903). Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Irizzary

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1986
125 A.D.2d 589 (N.Y. App. Div. 1986)
Case details for

People v. Irizzary

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON IRIZZARY…

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

Date published: Dec 22, 1986

Citations

125 A.D.2d 589 (N.Y. App. Div. 1986)

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