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People v. Schulz

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 22, 2006
32 A.D.3d 1224 (N.Y. App. Div. 2006)

Opinion

KA 04-02981.

September 22, 2006.

Appeal from a judgment of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), rendered December 8, 2004. The judgment convicted defendant, upon his plea of guilty, of sodomy in the first degree and sexual abuse in the first degree.

FELLE, STOCKER MARGULIS, WILLIAMSVILLE (WAYNE C. FELLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present — Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a guilty plea, of sodomy in the first degree (Penal Law former § 130.50 [3]) and sexual abuse in the first degree (§ 130.65 [3]). Supreme Court properly denied defendant's motion to withdraw the plea, inasmuch as the record establishes that the plea was knowingly, voluntarily and intelligently entered ( see People v Morris, 30 AD3d 632 [2006]). Contrary to the further contentions of defendant, he was not denied effective assistance of counsel ( see generally People v Baldi, 54 NY2d 137, 147), and the bill of particulars was sufficiently specific with respect to its description of the date and time and of the alleged crimes as well as the location where they were committed ( see generally People v Watt, 81 NY2d 772, 774-775; People v Morris, 61 NY2d 290, 293-296). We have considered defendant's remaining contentions and conclude that they are without merit.


Summaries of

People v. Schulz

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 22, 2006
32 A.D.3d 1224 (N.Y. App. Div. 2006)
Case details for

People v. Schulz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD SCHULZ, Appellant

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

Date published: Sep 22, 2006

Citations

32 A.D.3d 1224 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6709
821 N.Y.S.2d 346

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