Legal Opinion

People v. Montalvo

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

Decided June 23, 2009PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered January 8, 2008, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant’s application to withdraw his plea of guilty (see CPL 220.60 [3]). The record supports the court’s determination that the defendant’s plea was entered knowingly, voluntarily, and intelligently (see People *1090v Hill, 9 NY3d 189, 191 [2007], cert…

2Cases cited5 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. FiumefreddoNew York Court of Appeals · 1993
  3. People v. HillNew York Court of Appeals · 2007
  4. People v. MannAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. PoolerAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. People v. GramolaAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. VillalobosAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. HinesAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. GramolaAppellate Division of the Supreme Court of the State of New York · 2013

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