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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 812 (N.Y. App. Div. 1989)

Opinion

May 30, 1989

Appeal from the Supreme Court, Kings County (Marano, J.).


Ordered that the judgment is affirmed.

At the sentencing proceeding, the defendant claimed, for the first time, that he had been "under the influence of drugs" and that he had therefore not understood the consequences of his plea. Neither the defendant nor his attorney offered the slightest bit of detail which might have lent credibility to his conclusory statement and the court properly drew upon its own recollection of the defendant's appearance and behavior at the time of the plea in concluding that the defendant's last-minute claim of involuntariness was factually unfounded. Since the court did not limit the defendant's ability to substantiate his claim, and since the defendant completely failed to do so, no further inquiry was required (see, People v Pettway, 140 A.D.2d 721; People v Melendez, 135 A.D.2d 660; People v Grady, 110 A.D.2d 780; People v King, 110 A.D.2d 856, 857). Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 812 (N.Y. App. Div. 1989)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO RIVERA…

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

Date published: May 30, 1989

Citations

150 A.D.2d 812 (N.Y. App. Div. 1989)
542 N.Y.S.2d 43

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