PEOPLE v. RUSSO


61 A.D.2d 1052 (1978)

The People of the State of New York, Respondent, v. Bruce Russo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1978


Judgment affirmed.

The motion to withdraw the plea was made on the grounds of (1) defendant's intoxication at the time he entered the plea and (2) misinformation by counsel as to the minimum period of incarceration should defendant be found guilty as charged. At the hearing defendant did not dispute his admission at the plea that he received $50 from the proceeds of a $1,300 sale of cocaine. Nowhere in the record does the defendant protest his innocence. We cannot...

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