People v. Infantolino

Appellate Division of the Supreme Court of New York

People v. Infantolino

286 A.D.2d 778, 730 N.Y.S.2d 722, 2001 N.Y. App. Div. LEXIS 8648

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

DecidedSeptember 24, 2001

StatusPublished

This text of 286 A.D.2d 778 (People v. Infantolino) 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.

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People v. Infantolino, 286 A.D.2d 778, 730 N.Y.S.2d 722, 2001 N.Y. App. Div. LEXIS 8648 (N.Y. Ct. App. 2001).

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Opinion

—Appeals by [779]*779the defendant from (1) a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 12, 2000, convicting him of operating a motor vehicle while under the influence of alcohol and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1390/00, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered October 12, 2000, revoking a sentence of probation previously imposed by the same court (Pitts, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his prior conviction of operating a motor vehicle while under the influence of alcohol (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1800/95.

Ordered that the judgment and amended judgment are affirmed.

The defendant’s plea was knowingly, voluntarily, and intelligently entered (see, People v Harris, 61 NY2d 9). The defendant’s contention that the County Court erred in denying his motion to withdraw his plea of guilty without holding a hearing is without merit (see, People v Quijada-Lopez, 256 AD2d 478; People v Bonds, 254 AD2d 430). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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—Appeals by [779]*779the defendant from (1) a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 12, 2000, convicting him of operating a motor vehicle while under the influence of alcohol and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1390/00, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered October 12, 2000, revoking a sentence of probation previously imposed by the same court (Pitts, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his prior conviction of operating a motor vehicle while under the influence of alcohol (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1800/95.

Ordered that the judgment and amended judgment are affirmed.

The defendant’s plea was knowingly, voluntarily, and intelligently entered (see, People v Harris, 61 NY2d 9). The defendant’s contention that the County Court erred in denying his motion to withdraw his plea of guilty without holding a hearing is without merit (see, People v Quijada-Lopez, 256 AD2d 478; People v Bonds, 254 AD2d 430). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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Bluebook (online)

286 A.D.2d 778, 730 N.Y.S.2d 722, 2001 N.Y. App. Div. LEXIS 8648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-infantolino-nyappdiv-2001.

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