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People v. Best

Supreme Court, Appellate Division, First Department, New York.
Oct 9, 2012
99 A.D.3d 493 (N.Y. App. Div. 2012)

Opinion

2012-10-9

The PEOPLE of the State of New York, Respondent, v. Sean BEST, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered January 26, 2010, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea ( see People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ). “[T]he nature and extent of the fact-finding procedures on such motions rest largely in the discretion of the court” ( People v. Fiumefreddo, 82 N.Y.2d 536, 544, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ). The record establishes the voluntariness of the plea. The court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to reject defendant's claim that medication affected his ability to understand*867the proceedings ( see People v. Alexander, 97 N.Y.2d 482, 743 N.Y.S.2d 45, 769 N.E.2d 802 [2002] ).

SAXE, J.P., SWEENY, RICHTER, ABDUS–SALAAM, ROMÁN, JJ., concur.


Summaries of

People v. Best

Supreme Court, Appellate Division, First Department, New York.
Oct 9, 2012
99 A.D.3d 493 (N.Y. App. Div. 2012)
Case details for

People v. Best

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Sean BEST…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 9, 2012

Citations

99 A.D.3d 493 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 6758
951 N.Y.S.2d 866

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Best v. Griffin

On October 9, 2012, the Appellate Division, First Department, affirmed the judgment of conviction, and on…