PEOPLE v. SANTANA


110 A.D.2d 789 (1985)

The People of the State of New York, Respondent, v. Angel Santana, Appellant

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

April 15, 1985


Judgment affirmed.

At the sentencing proceeding, defendant moved to withdraw his guilty plea, asserting that his drug abuse rendered him unable to form a criminal intent at the time of the homicide. This motion was properly denied. It is apparent from a review of the sentencing minutes that the defendant's allusions to his prior drug abuse were designed to elicit the court's sympathy and were not an assertion of his innocence. Moreover, his claim of being voluntarily...

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