People v. Fortunato

Appellate Division of the Supreme Court of New York

People v. Fortunato

150 A.D.2d 387, 543 N.Y.S.2d 304, 1989 N.Y. App. Div. LEXIS 5636

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

DecidedMay 1, 1989

StatusPublished

This text of 150 A.D.2d 387 (People v. Fortunato) 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. Fortunato, 150 A.D.2d 387, 543 N.Y.S.2d 304, 1989 N.Y. App. Div. LEXIS 5636 (N.Y. Ct. App. 1989).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 6, 1983, convicting him of rob[388]*388bery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was afforded an adequate opportunity to state the basis for his motion to withdraw his plea (see generally, People v Tinsley, 35 NY2d 926; People v Pettway, 140 AD2d 721; People v Melendez, 135 AD2d 660), yet failed to demonstrate the existence of any factual basis upon which to conclude that his guilty plea was involuntary. The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea (see generally, People v Pettway, supra; People v Melendez, supra; People v Doherty, 134 AD2d 513; People v Lee, 132 AD2d 625). Mollen, P. J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 6, 1983, convicting him of rob[388]*388bery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was afforded an adequate opportunity to state the basis for his motion to withdraw his plea (see generally, People v Tinsley, 35 NY2d 926; People v Pettway, 140 AD2d 721; People v Melendez, 135 AD2d 660), yet failed to demonstrate the existence of any factual basis upon which to conclude that his guilty plea was involuntary. The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea (see generally, People v Pettway, supra; People v Melendez, supra; People v Doherty, 134 AD2d 513; People v Lee, 132 AD2d 625). Mollen, P. J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

150 A.D.2d 387, 543 N.Y.S.2d 304, 1989 N.Y. App. Div. LEXIS 5636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fortunato-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack