People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

200 A.D.2d 367, 608 N.Y.S.2d 69, 1994 N.Y. App. Div. LEXIS 80

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

DecidedJanuary 6, 1994

StatusPublished

Cited by1 cases

This text of 200 A.D.2d 367 (People v. Walker) 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. Walker, 200 A.D.2d 367, 608 N.Y.S.2d 69, 1994 N.Y. App. Div. LEXIS 80 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 19, 1990, convicting defendant, upon his guilty plea, of attempted murder in the second degree, reckless endangerment in the first degree, and endangering the welfare of a child, and sentencing him to concurrent terms of 4 to 12 years, 21ó to 7 years, and a definite 1 year term, respectively, unanimously affirmed.

Defendant’s motion to vacate the judgment pursuant to CPL 440.10 on the ground that he did not receive effective assistance of counsel was properly denied without a hearing since the record revealed that there was no reasonable possibility that defendant’s allegations were true (CPL 440.30 [4] [d]; see, People v Satterfield, 66 NY2d 796, 799). The trial court did not abuse its discretion in sentencing defendant pursuant to the plea bargain, where he received a sentence slightly above the permissible minimum for the violent acts perpetrated. Concur —Murphy, P. J., Kuperman, Asch and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 19, 1990, convicting defendant, upon his guilty plea, of attempted murder in the second degree, reckless endangerment in the first degree, and endangering the welfare of a child, and sentencing him to concurrent terms of 4 to 12 years, 21ó to 7 years, and a definite 1 year term, respectively, unanimously affirmed.

Defendant’s motion to vacate the judgment pursuant to CPL 440.10 on the ground that he did not receive effective assistance of counsel was properly denied without a hearing since the record revealed that there was no reasonable possibility that defendant’s allegations were true (CPL 440.30 [4] [d]; see, People v Satterfield, 66 NY2d 796, 799). The trial court did not abuse its discretion in sentencing defendant pursuant to the plea bargain, where he received a sentence slightly above the permissible minimum for the violent acts perpetrated. Concur —Murphy, P. J., Kuperman, Asch and Nardelli, JJ.

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Bluebook (online)

200 A.D.2d 367, 608 N.Y.S.2d 69, 1994 N.Y. App. Div. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1994.

Opinion

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