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214 A.D.2d 359

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York · decided 1995-04-11

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-11

How this case has been cited

Cited by 5 later decisions — most recently November 2018

30199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 8, 1993, convicting defendant, upon his guilty plea, of attempted murder in the second degree and sentencing him to a term of 8 Vs to 25 years, unanimously affirmed.

¶2The IAS Court properly denied defendant’s application to withdraw his guilty plea, as it was based on defendant’s conclusory and unsupported claims. Even though the defendant’s mother apparently told defendant that she had not given a statement to the police and would not have testified against her son at trial, the plea does not appear to have been the product of coercion. Indeed, the People’s case included the defendant’s signed confession and his accomplice’s agreement to testify against defendant.

¶3We decline to reduce the negotiated sentence imposed as it was neither unduly harsh nor excessive. Concur—Wallach, J. P., Asch, Nardelli, Tom and Mazzarelli, JJ.

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