People v. Savinon

Appellate Division of the Supreme Court of New York

People v. Savinon

52 A.D.3d 422, 861 N.Y.S.2d 621

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

DecidedJune 26, 2008

StatusPublished

This text of 52 A.D.3d 422 (People v. Savinon) 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. Savinon, 52 A.D.3d 422, 861 N.Y.S.2d 621 (N.Y. Ct. App. 2008).

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Opinion

—Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 30, 2005, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his plea, without granting a hearing (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]), and the court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to conclude that his claims of ineffective assistance were without merit.

We perceive no basis for reducing the sentence. Concur— Lippman, P.J., Tom, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 30, 2005, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his plea, without granting a hearing (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]), and the court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to conclude that his claims of ineffective assistance were without merit.

We perceive no basis for reducing the sentence. Concur— Lippman, P.J., Tom, Andrias and Saxe, JJ.

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Bluebook (online)

52 A.D.3d 422, 861 N.Y.S.2d 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-savinon-nyappdiv-2008.

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