People v. Holmes

Appellate Division of the Supreme Court of New York

People v. Holmes

255 A.D.2d 145, 679 N.Y.S.2d 578, 1998 N.Y. App. Div. LEXIS 11730

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1998·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered May 15, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a determinate term of 8 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea, since the record establishes that the plea was knowing, intelligent and voluntary (see, People v Fiumefreddo, 82 NY2d 536, 543), and since defendant failed to support his claim of coercion or judicial bias with anything other than conclusory allegations (see, People v Frederick, 45 NY2d 520). Concur — Milonas, J. P., Ellerin, Rubin, Tom and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered May 15, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a determinate term of 8 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea, since the record establishes that the plea was knowing, intelligent and voluntary (see, People v Fiumefreddo, 82 NY2d 536, 543), and since defendant failed to support his claim of coercion or judicial bias with anything other than conclusory allegations (see, People v Frederick, 45 NY2d 520). Concur — Milonas, J. P., Ellerin, Rubin, Tom and Saxe, JJ.

People v. Holmes, 255 A.D.2d 145, 679 N.Y.S.2d 578, 1998 N.Y. App. Div. LEXIS 11730 (N.Y. Ct. App. 1998).

Pincite

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Opinion

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