PEOPLE v. NUDD

KA 07-01635.

2008 NY Slip Op 06095

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TERRY L. NUDD, DEFENDANT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.


Attorney(s) appearing for the Case

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, LUNN, GREEN, AND GORSKI, JJ.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal sexual act in the first degree (Penal Law §§ 110.00, 130.50 [3]), defendant contends that County Court abused its discretion in denying his motion to withdraw his guilty plea on the ground that he was mentally incompetent at the time of the plea and thus that it was not voluntarily...

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