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People v. Peralta
46 A.D.3d 468
N.Y. App. Div.
2007
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Judgement, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 4, 2005, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly denied defendant’s application to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes the plea was knowing, intelligent and voluntary. Defendant’s claim that he was agitated was not a basis for withdrawing the plea (see People v Alexander, 97 NY2d 482, 486 [2002]), and he did not elaborate on this claim or advance any other ground for that relief. Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.

Case Details

Case Name: People v. Peralta
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 27, 2007
Citation: 46 A.D.3d 468
Court Abbreviation: N.Y. App. Div.
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