People v. Formosa

Appellate Division of the Supreme Court of New York

People v. Formosa

201 A.D.2d 804, 609 N.Y.S.2d 863, 1994 N.Y. App. Div. LEXIS 1161

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 804 (People v. Formosa) 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. Formosa, 201 A.D.2d 804, 609 N.Y.S.2d 863, 1994 N.Y. App. Div. LEXIS 1161 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a judgment of the County Court of Sullivan County (McGill, J.), rendered September 20, 1991, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree (two counts) and assault in the second degree.

Defendant pleaded guilty to assault in the second degree and two counts of burglary in the third degree. He was sentenced as a second felony offender to concurrent terms of imprisonment of 3 to 6 years for the burglary convictions and 2 to 4 years for the assault conviction. We find that defendant’s guilty plea, which included a waiver of his right to appeal, was knowing, voluntary and intelligent. We also find no error in County Court’s denial of defendant’s motion to withdraw his guilty plea. Further, consideration of the circumstances of this case convince us that defendant’s constitutional right to a speedy trial has not been violated and that County Court substantially complied with the requirements of CPL 400.21. Finally, we find no error in County Court’s denial of the motion to be relieved made by defense counsel at sentencing and conclude that defendant was not denied his right to effective assistance of counsel.

Cardona, P. J., Mercure, White, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Sullivan County (McGill, J.), rendered September 20, 1991, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree (two counts) and assault in the second degree.

Defendant pleaded guilty to assault in the second degree and two counts of burglary in the third degree. He was sentenced as a second felony offender to concurrent terms of imprisonment of 3 to 6 years for the burglary convictions and 2 to 4 years for the assault conviction. We find that defendant’s guilty plea, which included a waiver of his right to appeal, was knowing, voluntary and intelligent. We also find no error in County Court’s denial of defendant’s motion to withdraw his guilty plea. Further, consideration of the circumstances of this case convince us that defendant’s constitutional right to a speedy trial has not been violated and that County Court substantially complied with the requirements of CPL 400.21. Finally, we find no error in County Court’s denial of the motion to be relieved made by defense counsel at sentencing and conclude that defendant was not denied his right to effective assistance of counsel.

Cardona, P. J., Mercure, White, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

201 A.D.2d 804, 609 N.Y.S.2d 863, 1994 N.Y. App. Div. LEXIS 1161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-formosa-nyappdiv-1994.