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PEOPLE v. BREA

298 A.D.2d 173 (2002)

748 N.Y.S.2d 242

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY BREA, Appellant.

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

Decided October 8, 2002.

Defendant's motion to withdraw his guilty plea was properly denied. The record establishes that the plea was knowing, intelligent and voluntary, and nothing in defendant's factual recitation, wherein he specifically admitted to the elements of the crime, casts doubt on his guilt (see People v Toxey, 86 N.Y.2d 725). To the extent that defendant contends that his mental state at the time of sentencing was too disturbed to have enabled...

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