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People v. Infantolino

286 A.D.2d 778 Court N.Y. App. Div. Decision date 2001-09-24 English

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p. 778
The People of the State of New York, Respondent, v Xavier Infantolino, Appellant.
[730 NYS2d 722]

—Appeals by

p. 779
the defendant from (1) a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 12, 2000, convicting him of operating a motor vehicle while under the influence of alcohol and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1390/00, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered October 12, 2000, revoking a sentence of probation previously imposed by the same court (Pitts, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his prior conviction of operating a motor vehicle while under the influence of alcohol (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree under Indictment No. 1800/95.

Ordered that the judgment and amended judgment are affirmed.

The defendant’s plea was knowingly, voluntarily, and intelligently entered (see, People v Harris, 61 NY2d 9 ). The defendant’s contention that the County Court erred in denying his motion to withdraw his plea of guilty without holding a hearing is without merit (see, People v Quijada-Lopez, 256 AD2d 478 ; People v Bonds, 254 AD2d 430 ). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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