Legal Opinion

People v. Martino

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

Decided May 5, 1998Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered August 3, 1995, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied without a hearing. Defendant’s claim of duress is belied by the record, which reflects that the plea was knowing, intelligent and voluntary (see, People v Frederick, 45 NY2d 520). In this regard, we also note that counsel…

2Cases cited2 opinions

  1. People v. FrederickNew York Court of Appeals · 1978
  2. People v. KellyAppellate Division of the Supreme Court of the State of New York · 1996

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API