People v. Layme

Appellate Division of the Supreme Court of New York

People v. Layme

19 A.D.3d 104, 795 N.Y.S.2d 451

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

DecidedJune 2, 2005

StatusPublished

This text of 19 A.D.3d 104 (People v. Layme) 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. Layme, 19 A.D.3d 104, 795 N.Y.S.2d 451 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme [105]*105Court, Bronx County (Ira R Globerman, J.), entered on or about November 26, 2003, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered March 5, 2002, convicting him, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of two years, unanimously affirmed.

After a thorough hearing, the court properly denied defendant’s motion to vacate judgment. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The record establishes that defendant’s plea was voluntary, and that his conviction was not the product of duress. Concur— Buckley, EJ., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.

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Order, Supreme [105]*105Court, Bronx County (Ira R Globerman, J.), entered on or about November 26, 2003, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered March 5, 2002, convicting him, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of two years, unanimously affirmed.

After a thorough hearing, the court properly denied defendant’s motion to vacate judgment. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The record establishes that defendant’s plea was voluntary, and that his conviction was not the product of duress. Concur— Buckley, EJ., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.

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Bluebook (online)

19 A.D.3d 104, 795 N.Y.S.2d 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-layme-nyappdiv-2005.