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People v. Predestin

261 A.D.2d 642, 688 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 5671
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 24, 1999
StatusPublished

This text of 261 A.D.2d 642 (People v. Predestin) 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. Predestin, 261 A.D.2d 642, 688 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 5671 (N.Y. Ct. App. 1999).

Opinion

—Appeal by the defendant, from a judgment of the County Court, Rockland County (Kelly, J.), rendered March 5, 1998, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court providently denied the defendant’s motion to withdraw his plea of guilty which was knowingly, voluntarily, and intelligently made (see, People v Lesame, 239 AD2d 801, 802; People v Breeden, 221 AD2d 352). The defendant’s claim that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently made lacks merit.

The defendant waived his claim that the court failed to hold an indigency hearing (see, People v Callahan, 80 NY2d 273, 281; People v Lopez, 71 NY2d 662; People v Claudio, 64 NY2d 858; People v McGourty, 125 AD2d 417). In any event, the record belies his claim.

The sentence is in all respects proper (see, People v Cabrera, 243 AD2d 720, 721). Bracken, J. P., Thompson, Goldstein, Mc-Ginity and Schmidt, JJ., concur.

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Related

People v. Claudio
476 N.E.2d 644 (New York Court of Appeals, 1985)
People v. Lopez
525 N.E.2d 5 (New York Court of Appeals, 1988)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. McGourty
125 A.D.2d 417 (Appellate Division of the Supreme Court of New York, 1986)
People v. Breeden
221 A.D.2d 352 (Appellate Division of the Supreme Court of New York, 1995)
People v. Lesame
239 A.D.2d 801 (Appellate Division of the Supreme Court of New York, 1997)
People v. Cabrera
243 A.D.2d 720 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
261 A.D.2d 642, 688 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 5671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-predestin-nyappdiv-1999.