People v. Lizardi

Appellate Division of the Supreme Court of New York

People v. Lizardi

71 A.D.3d 406, 894 N.Y.S.2d 752

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

DecidedMarch 2, 2010

StatusPublished

This text of 71 A.D.3d 406 (People v. Lizardi) 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. Lizardi, 71 A.D.3d 406, 894 N.Y.S.2d 752 (N.Y. Ct. App. 2010).

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Opinion

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 12, 2008, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

After sufficient inquiry, the court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record supports the court’s detailed findings of fact, in which it rejected each of defendant’s challenges to his plea. Under the circumstances, it was unnecessary to engage in further fact-finding regarding counsel’s pre-plea advice to defendant about the de[407]*407fenses of justification and intoxication. Concur—Gonzalez, P.J., Saxe, McGuire, Acosta and Abdus-Salaam, JJ.

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Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 12, 2008, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

After sufficient inquiry, the court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record supports the court’s detailed findings of fact, in which it rejected each of defendant’s challenges to his plea. Under the circumstances, it was unnecessary to engage in further fact-finding regarding counsel’s pre-plea advice to defendant about the de[407]*407fenses of justification and intoxication. Concur—Gonzalez, P.J., Saxe, McGuire, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

71 A.D.3d 406, 894 N.Y.S.2d 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lizardi-nyappdiv-2010.

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