People v. Curet

Appellate Division of the Supreme Court of New York

People v. Curet

176 A.D.2d 160, 574 N.Y.S.2d 280, 1991 N.Y. App. Div. LEXIS 11830

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

DecidedSeptember 19, 1991

StatusPublished

Cited by4 cases

This text of 176 A.D.2d 160 (People v. Curet) 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. Curet, 176 A.D.2d 160, 574 N.Y.S.2d 280, 1991 N.Y. App. Div. LEXIS 11830 (N.Y. Ct. App. 1991).

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Opinion

— Judgment, Supreme Court, Bronx County (John Byrne, J., at plea and sentence), rendered April 28, 1989, convicting defendant, upon his pleas of guilty, of manslaughter in the first degree, attempted murder in the second degree, and robbery in the first degree, and sentencing him to consecutive indeterminate terms of SVs to 25 years for the manslaughter count and 4 to 12 years for the attempted murder count, both to run concurrently to a term of 5 to 15 years on the robbery count, unanimously affirmed.

The trial court properly exercised its discretion in denying the defendant’s application at sentencing to withdraw his previously entered pleas of guilty based on his misunderstanding of the difference between concurrent and consecutive sentences. The sentencing court kept the promises it made at the time it accepted a plea of guilty. The record reveals the defendant’s pleas were made intelligently, knowingly and voluntarily (People v Harris, 61 NY2d 9), and his responses to the questions propounded during his allocution belie the claim of difficulty in understanding his interpreter or the nature of underlying proceedings. (People v Bermudez, 157 AD2d 533, lv denied 75 NY2d 964.)

Finally, the defendant’s contention that the sentence was excessive and unduly harsh is without merit. Concur — Murphy, P. J., Carro, Milonas and Kupferman, JJ.

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— Judgment, Supreme Court, Bronx County (John Byrne, J., at plea and sentence), rendered April 28, 1989, convicting defendant, upon his pleas of guilty, of manslaughter in the first degree, attempted murder in the second degree, and robbery in the first degree, and sentencing him to consecutive indeterminate terms of SVs to 25 years for the manslaughter count and 4 to 12 years for the attempted murder count, both to run concurrently to a term of 5 to 15 years on the robbery count, unanimously affirmed.

The trial court properly exercised its discretion in denying the defendant’s application at sentencing to withdraw his previously entered pleas of guilty based on his misunderstanding of the difference between concurrent and consecutive sentences. The sentencing court kept the promises it made at the time it accepted a plea of guilty. The record reveals the defendant’s pleas were made intelligently, knowingly and voluntarily (People v Harris, 61 NY2d 9), and his responses to the questions propounded during his allocution belie the claim of difficulty in understanding his interpreter or the nature of underlying proceedings. (People v Bermudez, 157 AD2d 533, lv denied 75 NY2d 964.)

Finally, the defendant’s contention that the sentence was excessive and unduly harsh is without merit. Concur — Murphy, P. J., Carro, Milonas and Kupferman, JJ.

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Bluebook (online)

176 A.D.2d 160, 574 N.Y.S.2d 280, 1991 N.Y. App. Div. LEXIS 11830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curet-nyappdiv-1991.

Opinion

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