People v. Ocasio

Appellate Division of the Supreme Court of New York

People v. Ocasio

260 A.D.2d 254, 690 N.Y.S.2d 5, 1999 N.Y. App. Div. LEXIS 4162

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

DecidedApril 20, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 254 (People v. Ocasio) 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. Ocasio, 260 A.D.2d 254, 690 N.Y.S.2d 5, 1999 N.Y. App. Div. LEXIS 4162 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered March 1, 1996, convicting defendant, upon his plea of guilty, of murder in the second degree and conspiracy in the second degree, and sentencing him to concurrent terms of 22 years to life and 8Vs to 25 years, respectively, and order, same court and Justice, entered on or about August 8, 1997, which denied defendant’s motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea and his motion to vacate the judgment. Recognizing the special scrutiny required when a defendant’s plea is connected to that of a relative, we conclude that to the extent that defendant’s plea may be considered linked to the plea of his codefendant brother, such linkage did not render defendant’s plea involuntary under the totality of circumstances. Particularly pertinent is the overwhelming evidence of defendant’s guilt set forth in the thorough allocution presented to the court below (see, People v Fiumefreddo, 82 NY2d 536, 544, 545-546). Concur — Ellerin, P. J., Rosenberger, Andrias, Saxe and Friedman, JJ.

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

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered March 1, 1996, convicting defendant, upon his plea of guilty, of murder in the second degree and conspiracy in the second degree, and sentencing him to concurrent terms of 22 years to life and 8Vs to 25 years, respectively, and order, same court and Justice, entered on or about August 8, 1997, which denied defendant’s motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea and his motion to vacate the judgment. Recognizing the special scrutiny required when a defendant’s plea is connected to that of a relative, we conclude that to the extent that defendant’s plea may be considered linked to the plea of his codefendant brother, such linkage did not render defendant’s plea involuntary under the totality of circumstances. Particularly pertinent is the overwhelming evidence of defendant’s guilt set forth in the thorough allocution presented to the court below (see, People v Fiumefreddo, 82 NY2d 536, 544, 545-546). Concur — Ellerin, P. J., Rosenberger, Andrias, Saxe and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

260 A.D.2d 254, 690 N.Y.S.2d 5, 1999 N.Y. App. Div. LEXIS 4162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ocasio-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack