Legal Opinion

People v. Martinez

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

Decided September 24, 1992Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered February 5, 1991, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him to a prison term of 2Vi to 5 years, unanimously affirmed.

Denial of defendant’s motion to withdraw his guilty plea was a sound exercise of the sentencing court’s discretion (see, People v Arias, 161 AD2d 176). Defendant, who was represented at argument of the motion by new counsel (see, People v Dixon, 29 NY2d 55, 56), presented only generalized allegations of duress and innocence…

2Cases cited3 opinions

  1. People v. DixonNew York Court of Appeals · 1971
  2. People v. HughesAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. AriasAppellate Division of the Supreme Court of the State of New York · 1990

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