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People v. Infante

84 A.D.3d 581 Court N.Y. App. Div. Decision date 2011-05-17 English

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p. 581
The People of the State of New York, Respondent, v Linary Infante, Appellant.
[922 NYS2d 777]

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 13, 2009, as amended January 16, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that defendant’s plea was knowing, intelligent, and voluntary, and it contradicts defendant’s claim that he did not understand the consequences of his plea. Concur — Mazzarelli, J.P., Sweeny, Acosta, Renwick and DeGrasse, JJ.

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