People v. Burgess

Appellate Division of the Supreme Court of New York

People v. Burgess

209 A.D.2d 359, 619 N.Y.S.2d 555, 1994 N.Y. App. Div. LEXIS 11798

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

DecidedNovember 29, 1994

StatusPublished

This text of 209 A.D.2d 359 (People v. Burgess) 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. Burgess, 209 A.D.2d 359, 619 N.Y.S.2d 555, 1994 N.Y. App. Div. LEXIS 11798 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered April 13, 1993, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 11 to 22 years, unanimously affirmed.

The record reveals that trial counsel made the appropriate pretrial motions and negotiated a favorable plea, and does not otherwise support defendant’s contention that due to ineffective representation his plea was not knowing, intelligent and voluntary (see, People v Kirkland, 192 AD2d 414, lv denied 81 NY2d 1075). Nor do we perceive any abuse of sentencing discretion. Concur—Wallach, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered April 13, 1993, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 11 to 22 years, unanimously affirmed.

The record reveals that trial counsel made the appropriate pretrial motions and negotiated a favorable plea, and does not otherwise support defendant’s contention that due to ineffective representation his plea was not knowing, intelligent and voluntary (see, People v Kirkland, 192 AD2d 414, lv denied 81 NY2d 1075). Nor do we perceive any abuse of sentencing discretion. Concur—Wallach, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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Bluebook (online)

209 A.D.2d 359, 619 N.Y.S.2d 555, 1994 N.Y. App. Div. LEXIS 11798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burgess-nyappdiv-1994.

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