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People v. Noble

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2006
30 A.D.3d 259 (N.Y. App. Div. 2006)

Opinion

8823, 8823A.

June 15, 2006.

Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered July 22, 2004, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of five years' probation with restitution in the amount of $210,000, and order, same court and Justice, entered June 21, 2005, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Labe M. Richman, New York, for appellant.

Robert T. Johnson, District Attorney, Bronx (Maria I. Immitt of counsel), for respondent.

Before: Mazzarelli, J.P., Friedman, Nardelli, Gonzalez and Catterson, JJ., Concur.


Defendant's guilty plea was knowing, intelligent and voluntary. When viewed in light of the entire plea proceeding, there is nothing in defendant's factual allocution that casts doubt on defendant's guilt or on the voluntariness of his plea ( see People v. Fiedler, 155 AD2d 613, lv denied 75 NY2d 868). The record also establishes that defendant received effective assistance of counsel ( see People v. Ford, 86 NY2d 397, 404). We have considered and rejected defendant's remaining arguments.


Summaries of

People v. Noble

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2006
30 A.D.3d 259 (N.Y. App. Div. 2006)
Case details for

People v. Noble

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO NOBLE, Appellant

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

Date published: Jun 15, 2006

Citations

30 A.D.3d 259 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4944
816 N.Y.S.2d 352

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