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People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 359 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

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


Ordered that the judgments are affirmed.

The defendant claims that his pleas were involuntary because he had been under the influence of marihuana at the time of the pleas. The Supreme Court providently exercised its discretion in rejecting the defendant's claim, based on its own observation ( see, People v. Pica, 112 A.D.2d 325; People v. Bangert, 107 A.D.2d 752; People v. Parizo, 78 A.D.2d 863). Furthermore, there is no evidence in the record that the defendant was under the influence of marihuana at the time of the plea proceedings, and the minutes of the proceedings indicate that the defendant understood the proceedings and was coherent ( see, People v Jones, 233 A.D.2d 944; People v. James, 192 A.D.2d 555).

Moreover, since the defendant's basis for his application to withdraw his pleas was facially without merit, no formal evidentiary hearing was necessary ( see, People v. Billings, 208 A.D.2d 941; People v. Morris, 118 A.D.2d 595).

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 359 (N.Y. App. Div. 1997)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS HERNANDEZ, Also…

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

Date published: May 5, 1997

Citations

239 A.D.2d 359 (N.Y. App. Div. 1997)
657 N.Y.S.2d 974

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