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People v. Brinson

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 865 (N.Y. App. Div. 1985)

Opinion

June 17, 1985

Appeal from the County Court, Dutchess County (Aldrich, J.).


Judgment affirmed.

We reject the defendant's contention that the court improperly accepted his guilty plea inasmuch as the record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty ( see, People v. Harris, 61 N.Y.2d 9). Furthermore, the court properly denied defendant's motion at sentencing to withdraw his plea. Both defendant and his counsel were permitted to speak on defendant's behalf ( see, People v Tinsley, 35 N.Y.2d 926), and there are no grounds in the record for withdrawal ( see, People v. Ramos, 63 N.Y.2d 640, 642-643).

We also reject the defendant's claim that his sentence of 60 days' incarceration and a concurrent term of probation of five years were excessive, and note that defendant received precisely the sentence for which he bargained ( see, People v. La Lande, 104 A.D.2d 1052). Thompson, J.P., Weinstein, Niehoff and Lawrence, JJ., concur.


Summaries of

People v. Brinson

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 865 (N.Y. App. Div. 1985)
Case details for

People v. Brinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EDWARD BRINSON…

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

Date published: Jun 17, 1985

Citations

111 A.D.2d 865 (N.Y. App. Div. 1985)

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