People v. Marchetti

Appellate Division of the Supreme Court of New York

People v. Marchetti

27 A.D.3d 254, 809 N.Y.S.2d 911

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

DecidedMarch 9, 2006

StatusPublished

This text of 27 A.D.3d 254 (People v. Marchetti) 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. Marchetti, 27 A.D.3d 254, 809 N.Y.S.2d 911 (N.Y. Ct. App. 2006).

Pincite

Opinion

Judgment, Supreme Court, New York County (Bernard J. Fried, J., at plea; Micki Scherer, J., at sentence), rendered July 28, 2004, convicting defendant, upon her plea of guilty, of reckless endangerment in the first degree, and sentencing her to a term of six months concurrent with five years’ probation, unanimously affirmed.

The record establishes the voluntariness of the plea (see People v Fiumefreddo, 82 NY2d 536 [1993]). On the totality of the record, defendant unequivocally acknowledged her guilt. During the allocution, the court asked appropriate clarifying questions that elicited defendant’s unequivocal admission to the crime charged (see People v Lopez, 71 NY2d 662, 666 [1988]). Accordingly, the plea court properly denied defendant’s motion to withdraw her plea. Concur—Buckley, P.J., Marlow, Sullivan, Catterson and McGuire, JJ.

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

Judgment, Supreme Court, New York County (Bernard J. Fried, J., at plea; Micki Scherer, J., at sentence), rendered July 28, 2004, convicting defendant, upon her plea of guilty, of reckless endangerment in the first degree, and sentencing her to a term of six months concurrent with five years’ probation, unanimously affirmed.

The record establishes the voluntariness of the plea (see People v Fiumefreddo, 82 NY2d 536 [1993]). On the totality of the record, defendant unequivocally acknowledged her guilt. During the allocution, the court asked appropriate clarifying questions that elicited defendant’s unequivocal admission to the crime charged (see People v Lopez, 71 NY2d 662, 666 [1988]). Accordingly, the plea court properly denied defendant’s motion to withdraw her plea. Concur—Buckley, P.J., Marlow, Sullivan, Catterson and McGuire, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.3d 254, 809 N.Y.S.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marchetti-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack