PEOPLE v. DIAZ

2016-04591. Ind. No. 2877/15.

164 A.D.3d 519 (2018)

77 N.Y.S.3d 883

2018 NY Slip Op 05601

The People of the State of New York, Respondent, v. Nicholas Diaz, Appellant.

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

Decided August 1, 2018.


Ordered that the judgment is affirmed.

During the plea proceeding, the defendant readily admitted that he intended to cause the victim serious physical injury, but at first denied stabbing the victim, stating, "I didn't stab him, he fall to me." In response, the Supreme Court stated, "[s]ounds like a defense to me," and directed defense counsel to consult with the defendant. When the case was recalled, the court explained to the defendant that if the stabbing was...

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