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27 A.D.3d 254

People v. Marchetti

Appellate Division of the Supreme Court of the State of New York · decided 2006-03-09

Cited by 1 later decisions — most recently March 2008

Good law ✅— No negative treatment on recordhow we know

Decided 2006-03-09

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¶1Judgment, Supreme Court, New York County (Bernard J. Fried, J., at plea; Micki Scherer, J., at sentence), rendered July 28, 2004, convicting defendant, upon her plea of guilty, of reckless endangerment in the first degree, and sentencing her to a term of six months concurrent with five years’ probation, unanimously affirmed.

¶2The record establishes the voluntariness of the plea (see People v Fiumefreddo, 82 NY2d 536 [1993]). On the totality of the record, defendant unequivocally acknowledged her guilt. During the allocution, the court asked appropriate clarifying questions that elicited defendant’s unequivocal admission to the crime charged (see People v Lopez, 71 NY2d 662, 666 [1988]). Accordingly, the plea court properly denied defendant’s motion to withdraw her plea. Concur—Buckley, P.J., Marlow, Sullivan, Catterson and McGuire, JJ.

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