People v. Bess

Appellate Division of the Supreme Court of New York

People v. Bess

299 A.D.2d 263, 751 N.Y.S.2d 3, 2002 N.Y. App. Div. LEXIS 11273

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 21, 2002

StatusPublished

Cited by2 cases

This text of 299 A.D.2d 263 (People v. Bess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bess, 299 A.D.2d 263, 751 N.Y.S.2d 3, 2002 N.Y. App. Div. LEXIS 11273 (N.Y. Ct. App. 2002).

Pincite

Opinion

Judgment, Supreme [264]*264Court, Bronx County (Nicholas Iacovetta, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 44/2 to 9 years, unanimously affirmed.

The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs when he took the plea was belied by the transcript of his allocution and the court’s own clear recollection of defendant’s demeanor and responses (see People v Wheeler, 289 AD2d 10, lv denied 97 NY2d 763; People v Clarke, 251 AD2d 7; People v Bermudez, 228 AD2d 237, lv denied 89 NY2d 919). We also note that the credibility of this claim was undermined by the fact that, during the lengthy period between the plea and sentencing, defendant made plea withdrawal applications on other grounds but made no mention of his present claim until after the court had rejected those grounds and was about to impose sentence. Concur — Saxe, J.P., Buckley, Rosenberger, Lerner and Gonzalez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme [264]*264Court, Bronx County (Nicholas Iacovetta, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 44/2 to 9 years, unanimously affirmed.

The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs when he took the plea was belied by the transcript of his allocution and the court’s own clear recollection of defendant’s demeanor and responses (see People v Wheeler, 289 AD2d 10, lv denied 97 NY2d 763; People v Clarke, 251 AD2d 7; People v Bermudez, 228 AD2d 237, lv denied 89 NY2d 919). We also note that the credibility of this claim was undermined by the fact that, during the lengthy period between the plea and sentencing, defendant made plea withdrawal applications on other grounds but made no mention of his present claim until after the court had rejected those grounds and was about to impose sentence. Concur — Saxe, J.P., Buckley, Rosenberger, Lerner and Gonzalez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

299 A.D.2d 263, 751 N.Y.S.2d 3, 2002 N.Y. App. Div. LEXIS 11273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bess-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack