People v. Noble

Appellate Division of the Supreme Court of New York

People v. Noble

30 A.D.3d 259, 816 N.Y.S.2d 352

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

DecidedJune 15, 2006

StatusPublished

This text of 30 A.D.3d 259 (People v. Noble) 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. Noble, 30 A.D.3d 259, 816 N.Y.S.2d 352 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered July 22, 2004, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of five years’ probation with restitution in the amount of $210,000, and order, same court and Justice, entered June 21, 2005, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Defendant’s guilty plea was knowing, intelligent and voluntary. When viewed in light of the entire plea proceeding, there is nothing in defendant’s factual allocution that casts doubt on defendant’s guilt or on the voluntariness of his plea (see People v Fiedler, 155 AD2d 613 [1989], lv denied 75 NY2d 868 [1990]). The record also establishes that defendant received effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). We have considered and rejected defendant’s remaining arguments. Concur—Mazzarelli, J.E, Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered July 22, 2004, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of five years’ probation with restitution in the amount of $210,000, and order, same court and Justice, entered June 21, 2005, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Defendant’s guilty plea was knowing, intelligent and voluntary. When viewed in light of the entire plea proceeding, there is nothing in defendant’s factual allocution that casts doubt on defendant’s guilt or on the voluntariness of his plea (see People v Fiedler, 155 AD2d 613 [1989], lv denied 75 NY2d 868 [1990]). The record also establishes that defendant received effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). We have considered and rejected defendant’s remaining arguments. Concur—Mazzarelli, J.E, Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Bluebook (online)

30 A.D.3d 259, 816 N.Y.S.2d 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-noble-nyappdiv-2006.

Opinion

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