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PEOPLE v. HERNANDEZ

7531, 1165/07, 7532.

98 A.D.3d 449 (2012)

950 N.Y.S.2d 268

2012 NY Slip Op 6003

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX HERNANDEZ, Appellant.

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

Decided August 21, 2012.

Saxe, J.P., and Sweeny, J., concur in a separate memorandum by Sweeny, J., as follows:

The "longstanding test for determining the validity of a guilty plea is whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant" (Hill v Lockhart, 474 U.S. 52, 56 [1985] [internal quotation marks omitted]). A defendant challenging the propriety of his guilty plea on the ground...

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