People v. Wonge

Appellate Division of the Supreme Court of New York

People v. Wonge

272 A.D.2d 252, 708 N.Y.S.2d 622, 2000 N.Y. App. Div. LEXIS 5905

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

DecidedMay 25, 2000

StatusPublished

This text of 272 A.D.2d 252 (People v. Wonge) 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. Wonge, 272 A.D.2d 252, 708 N.Y.S.2d 622, 2000 N.Y. App. Div. LEXIS 5905 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 1, 1996, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.

Defendant’s plea withdrawal motion was properly denied after a thorough hearing. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. The record establishes that defendant knowingly and voluntarily pleaded guilty and received meaningful representation (see, People v Ford, 86 NY2d 397, 404). The psychiatric reports establish that defendant was mentally competent to enter the plea, and there is no evidence to the contrary. Nothing in defendant’s factual allocution casts doubt on the voluntariness of his plea (see, People v Toxey, 86 NY2d 725). Concur — Nardelli, J. P., Tom, Rubin, Andrias and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 1, 1996, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.

Defendant’s plea withdrawal motion was properly denied after a thorough hearing. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. The record establishes that defendant knowingly and voluntarily pleaded guilty and received meaningful representation (see, People v Ford, 86 NY2d 397, 404). The psychiatric reports establish that defendant was mentally competent to enter the plea, and there is no evidence to the contrary. Nothing in defendant’s factual allocution casts doubt on the voluntariness of his plea (see, People v Toxey, 86 NY2d 725). Concur — Nardelli, J. P., Tom, Rubin, Andrias and Buckley, JJ.

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Bluebook (online)

272 A.D.2d 252, 708 N.Y.S.2d 622, 2000 N.Y. App. Div. LEXIS 5905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wonge-nyappdiv-2000.

Opinion

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