People v. Brea

Appellate Division of the Supreme Court of New York

People v. Brea

298 A.D.2d 173, 748 N.Y.S.2d 242, 2002 N.Y. App. Div. LEXIS 9495

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

DecidedOctober 8, 2002

StatusPublished

This text of 298 A.D.2d 173 (People v. Brea) 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. Brea, 298 A.D.2d 173, 748 N.Y.S.2d 242, 2002 N.Y. App. Div. LEXIS 9495 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered December 20, 2000, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him to a term of five years probation with $24,300.29 in restitution and surcharges, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied. The record establishes that the plea was knowing, intelligent and voluntary, and nothing in defendant’s factual recitation, wherein he specifically admitted to the elements of the crime, casts doubt on his guilt (see People v Toxey, 86 NY2d 725). To the extent that defendant contends that his mental state at the time of sentencing was too disturbed to have enabled him to enter a voluntary plea, this claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that it is not supported by anything in the record.

The amount of restitution imposed by the court was proper, and we perceive no basis for a reduction of sentence. Concur— Tom, J.P., Sullivan, Rosenberger, Ellerin and Rubin, JJ.

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—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered December 20, 2000, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him to a term of five years probation with $24,300.29 in restitution and surcharges, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied. The record establishes that the plea was knowing, intelligent and voluntary, and nothing in defendant’s factual recitation, wherein he specifically admitted to the elements of the crime, casts doubt on his guilt (see People v Toxey, 86 NY2d 725). To the extent that defendant contends that his mental state at the time of sentencing was too disturbed to have enabled him to enter a voluntary plea, this claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that it is not supported by anything in the record.

The amount of restitution imposed by the court was proper, and we perceive no basis for a reduction of sentence. Concur— Tom, J.P., Sullivan, Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

298 A.D.2d 173, 748 N.Y.S.2d 242, 2002 N.Y. App. Div. LEXIS 9495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brea-nyappdiv-2002.

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