People v. Cepeda

Appellate Division of the Supreme Court of New York

People v. Cepeda

298 A.D.2d 137, 747 N.Y.S.2d 763, 2002 N.Y. App. Div. LEXIS 9252

Appellate Division of the Supreme Court of the State of New York·Decided October 3, 2002·Published

Opinion

—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 23, 2000, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 121/2 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea. The record, including the plea minutes, [138]*138establishes the voluntariness of the plea and fails to support defendant’s conclusory claim that his ability to plead guilty was impaired by medication (see People v Bermudez, 228 AD2d 237, lv denied 89 NY2d 919).

We perceive no basis for a reduction of sentence. Concur— Williams, P.J., Tom, Mazzarelli, Sullivan and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 23, 2000, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 121/2 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea. The record, including the plea minutes, [138]*138establishes the voluntariness of the plea and fails to support defendant’s conclusory claim that his ability to plead guilty was impaired by medication (see People v Bermudez, 228 AD2d 237, lv denied 89 NY2d 919).

We perceive no basis for a reduction of sentence. Concur— Williams, P.J., Tom, Mazzarelli, Sullivan and Gonzalez, JJ.

People v. Cepeda, 298 A.D.2d 137, 747 N.Y.S.2d 763, 2002 N.Y. App. Div. LEXIS 9252 (N.Y. Ct. App. 2002).

Pincite

298 A.D.2d 137 (People v. Cepeda) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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