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People v. Bratescu

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 655 (N.Y. App. Div. 1985)

Opinion

December 23, 1985

Appeal from the Supreme Court, Queens County (Browne, J.).


Judgment affirmed.

Defendant's challenges as to the voluntariness and factual sufficiency of his guilty plea allocution are without merit. The record clearly establishes that the court engaged in extensive questioning of defendant to ensure that he understood the ramifications of his plea and was entering it voluntarily. There is no evidence that the plea was the product of anything other than defendant's own informed and voluntary decision (see, People v Harris, 61 N.Y.2d 9; People v Wooley, 108 A.D.2d 887).

Additionally, the factual allocution by defendant clearly made out the necessary elements of the crimes to which he pleaded guilty. Finally, his bald and unsubstantiated allegations during the sentencing proceedings that the court and defense counsel had conspired against him are clearly specious and wholly unsupported by the record. Therefore, the court did not abuse its discretion in denying defendant's motion to withdraw his plea (see, People v Dixon, 29 N.Y.2d 55; People v Schiskie, 24 A.D.2d 807)

We have considered defendant's remaining contentions and find them to be without merit or unpreserved for review. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Bratescu

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 655 (N.Y. App. Div. 1985)
Case details for

People v. Bratescu

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONSTANTINE BRATESCU…

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

Date published: Dec 23, 1985

Citations

115 A.D.2d 655 (N.Y. App. Div. 1985)

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