People v. Valenzuela

Appellate Division of the Supreme Court of New York

People v. Valenzuela

56 A.D.2d 613, 391 N.Y.S.2d 471

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

DecidedFebruary 15, 1977

StatusPublished

This text of 56 A.D.2d 613 (People v. Valenzuela) 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. Valenzuela, 56 A.D.2d 613, 391 N.Y.S.2d 471 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 21, 1975 (the date on the clerk’s extract is July 3, 1975), convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. The record shows no application made by defendant or his trial counsel to withdraw the plea of guilty. The contention that Criminal Term should have given the defendant an opportunity to withdraw his guilty plea, when it ascertained that defense counsel was ignorant of defendant’s narcotics addiction at the time of entry of the guilty plea, is without merit. The record reveals that the court diligently made clear to the defendant that he was going to be sentenced to a term of imprisonment. Further inquiry by Criminal Term as to any possible status of the defendant as a narcotics addict was not required. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 21, 1975 (the date on the clerk’s extract is July 3, 1975), convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. The record shows no application made by defendant or his trial counsel to withdraw the plea of guilty. The contention that Criminal Term should have given the defendant an opportunity to withdraw his guilty plea, when it ascertained that defense counsel was ignorant of defendant’s narcotics addiction at the time of entry of the guilty plea, is without merit. The record reveals that the court diligently made clear to the defendant that he was going to be sentenced to a term of imprisonment. Further inquiry by Criminal Term as to any possible status of the defendant as a narcotics addict was not required. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 613, 391 N.Y.S.2d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valenzuela-nyappdiv-1977.