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People v. Sass

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 2008
49 A.D.3d 287 (N.Y. App. Div. 2008)

Opinion

No. 2988.

March 4, 2008.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered June 30, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of six years, unanimously affirmed.

Before: Nardelli, J.P., Williams, Sweeny and Catterson, JJ.


The court properly denied defendant's application to withdraw his guilty plea. Defendant's claim that he was under the influence of drugs at the time of the plea was contradicted by his allocution, in which he expressly disclaimed any such influence, and by the court's own recollection of defendant's demeanor and responses ( see People v Bess, 299 AD2d 263, lv denied 99 NY2d 580; People v Clarke, 251 AD2d 7).


Summaries of

People v. Sass

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 2008
49 A.D.3d 287 (N.Y. App. Div. 2008)
Case details for

People v. Sass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIDNEY SASS, Appellant

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

Date published: Mar 4, 2008

Citations

49 A.D.3d 287 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1867
853 N.Y.S.2d 44

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