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PEOPLE v. DE LA CRUZ

216 A.D.2d 30 (1995)

628 N.Y.S.2d 63

The People of the State of New York, Respondent, v. Bartolo De La Cruz, Appellant

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

June 6, 1995

The inquiry conducted by the court prior to sentencing was adequate to ensure that defendant's unequivocal decision to withdraw his motion to withdraw his plea was, like the plea itself, knowing and voluntary. This is not "that rare case * * * [where] the trial court has a duty to inquire further" (People v Lopez, 71 N.Y.2d 662, 666). And in view of the very favorable plea bargain negotiated by defendant's attorney, we find no merit...

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