People v. Nevares

Appellate Division of the Supreme Court of New York

People v. Nevares

155 A.D.2d 366, 547 N.Y.S.2d 640, 1989 N.Y. App. Div. LEXIS 14565

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

DecidedNovember 28, 1989

StatusPublished

This text of 155 A.D.2d 366 (People v. Nevares) 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. Nevares, 155 A.D.2d 366, 547 N.Y.S.2d 640, 1989 N.Y. App. Div. LEXIS 14565 (N.Y. Ct. App. 1989).

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Opinion

— Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered June 27, 1985, convicting defendant on plea of guilty to attempted murder in the second degree and robbery in the first degree, and sentencing him as a second violent felony offender to concurrent terms of 11 to 22 years’ imprisonment, unanimously affirmed.

Denial of defendant’s motion to withdraw his guilty plea was a proper exercise of the court’s discretion. Defendant’s voluntary waiver of rights rendered his postarrest statements to the police and the Assistant District Attorney admissible, notwithstanding the improper and suggestive procedures which led to suppression of his earlier lineup identification. The sentence was fair and proper, and in accordance with a valid and uncoerced plea bargain. Concur — Murphy, P. J., Sullivan, Carro, Wallach and Rubin, JJ.

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— Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered June 27, 1985, convicting defendant on plea of guilty to attempted murder in the second degree and robbery in the first degree, and sentencing him as a second violent felony offender to concurrent terms of 11 to 22 years’ imprisonment, unanimously affirmed.

Denial of defendant’s motion to withdraw his guilty plea was a proper exercise of the court’s discretion. Defendant’s voluntary waiver of rights rendered his postarrest statements to the police and the Assistant District Attorney admissible, notwithstanding the improper and suggestive procedures which led to suppression of his earlier lineup identification. The sentence was fair and proper, and in accordance with a valid and uncoerced plea bargain. Concur — Murphy, P. J., Sullivan, Carro, Wallach and Rubin, JJ.

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Bluebook (online)

155 A.D.2d 366, 547 N.Y.S.2d 640, 1989 N.Y. App. Div. LEXIS 14565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nevares-nyappdiv-1989.