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People v. BennettPeople v. Bennett

Appellate Division of the Supreme Court of the State of New York
Nov 2, 2016
2011-03937
Versions:144 A.D.3d 697
39 N.Y.S.3d 830
2016 NY Slip Op 7202
2016 NY Slip Op 07202

Ordered that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowing, voluntary, and intelligent because the Supreme Court impliedly promised that he would be admitted to a temporary release program. Contrary to the defendant‘s contention, the record establishes that neither the defendant‘s eligibility for a temporary release program nor his admission into such a program was a condition of the plea (see People v Whitty, 140 AD3d 802 [2016]; People v Demick, 138 AD3d 1486 [2016]; People v Williams, 84 AD3d 1417, 1418 [2011]; see generally People v Ballato, 128 AD3d 846, 847 [2015]).

The defendant‘s remaining contention is without merit.

Austin, J.P., Cohen, Hinds-Radix and LaSalle, JJ., concur.

Case Details

Case Name: People v. Bennett
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 2, 2016
Citations: 144 A.D.3d 697; 39 N.Y.S.3d 830; 2016 NY Slip Op 7202; 2016 NY Slip Op 07202; 2011-03937
Docket Number: 2011-03937
Court Abbreviation: N.Y. App. Div.
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