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PEOPLE v. VELEZ

Ind. No. 967/16. Appeal No. 15125. Case No. 2018-694.

201 A.D.3d 554 (2022)

157 N.Y.S.3d 382

2022 NY Slip Op 00362

The People of the State of New York, Respondent, v. Kurby Velez, Appellant.

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

Decided January 20, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Hannah Gladstein of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Stephen J. Kress of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.

The court providently exercised its discretion in denying defendant's motion to withdraw his plea. The record establishes that the plea was knowing, intelligent and voluntary, and it fails to support defendant's claim that his medications or mental condition undermined the voluntariness of the plea (see People v Alexander, 97 N.Y.2d 482 [2002]). Notably, defense counsel raised no issue with respect to defendant's fitness to proceed...

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