People v. Colon

Appellate Division of the Supreme Court of New York

People v. Colon

72 A.D.3d 558, 898 N.Y.S.2d 457

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

DecidedApril 22, 2010

StatusPublished

Cited by2 cases

This text of 72 A.D.3d 558 (People v. Colon) 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. Colon, 72 A.D.3d 558, 898 N.Y.S.2d 457 (N.Y. Ct. App. 2010).

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Opinion

Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered May 4, 2006, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of 1 to 3 years, and order, same court and Justice, entered on or about July 28, 2008, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

After a thorough hearing on the CPL 440.10 motion, the court properly found that defendant’s plea was voluntary and that it was made with effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). There is no basis for disturbing the court’s determinations concerning credibility. The record of the plea, sentencing and hearing completely refutes defendant’s present claims. Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse and Richter, JJ.

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Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered May 4, 2006, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of 1 to 3 years, and order, same court and Justice, entered on or about July 28, 2008, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

After a thorough hearing on the CPL 440.10 motion, the court properly found that defendant’s plea was voluntary and that it was made with effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). There is no basis for disturbing the court’s determinations concerning credibility. The record of the plea, sentencing and hearing completely refutes defendant’s present claims. Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse and Richter, JJ.

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Bluebook (online)

72 A.D.3d 558, 898 N.Y.S.2d 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colon-nyappdiv-2010.

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