Legal Opinion

People v. Diaz

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

Decided December 16, 2004Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Bonnie Wittner, J), rendered May 23, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

The court properly denied defendant’s applications to withdraw his guilty plea and for reassignment of counsel (see People v Frederick, 45 NY2d 520 [1978]). Although defendant received a sufficient opportunity to present his contentions both in writing and by addressing the court, he did not specify a legal basis for…

2Cases cited5 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. People v. FordNew York Court of Appeals · 1995
  3. People v. FrederickNew York Court of Appeals · 1978
  4. People v. RosenNew York Court of Appeals · 2001
  5. People v. GaskinAppellate Division of the Supreme Court of the State of New York · 2003

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