PEOPLE v. SMITH

103865.

89 A.D.3d 1328 (2011)

932 N.Y.S.2d 913

2011 NY Slip Op 8511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANTIK T. SMITH, Also Known as CHAMP, Appellant.

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

Decided November 23, 2011.


McCARTHY, J.

In satisfaction of a six-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree in exchange for an agreed-upon sentence of 2½ years in prison followed by a term of postrelease supervision between 1½ and 3 years. At sentencing, defendant moved to withdraw his guilty plea, contending that he was not guilty and that his plea was not knowingly and intelligently made. County Court denied the motion...

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