PEOPLE v. LIZARDI

2283, 6444/06

71 A.D.3d 406 (2010)

894 N.Y.S.2d 752

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER LIZARDI, Appellant.

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

Decided March 2, 2010.


After sufficient inquiry, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 N.Y.2d 520 [1978]). The record supports the court's detailed findings of fact, in which it rejected each of defendant's challenges to his plea. Under the circumstances, it was unnecessary to engage in further fact-finding regarding counsel's pre-plea advice to defendant about...

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