Appellate Division of the Supreme Court of New York, 1989

People v. Fortunato

People v. Fortunato
Appellate Division of the Supreme Court of New York · Decided May 1, 1989
150 A.D.2d 387; 543 N.Y.S.2d 304; 1989 N.Y. App. Div. LEXIS 5636
People v. Fortunato

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 6, 1983, convicting him of rob*388bery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was afforded an adequate opportunity to state the basis for his motion to withdraw his plea (see generally, People v Tinsley, 35 NY2d 926; People v Pettway, 140 AD2d 721; People v Melendez, 135 AD2d 660), yet failed to demonstrate the existence of any factual basis upon which to conclude that his guilty plea was involuntary. The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea (see generally, People v Pettway, supra; People v Melendez, supra; People v Doherty, 134 AD2d 513; People v Lee, 132 AD2d 625). Mollen, P. J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.