Appellate Division of the Supreme Court of New York, 2010

People v. Lizardi

People v. Lizardi
Appellate Division of the Supreme Court of New York · Decided March 2, 2010
71 A.D.3d 406; 894 N.Y.S.2d 752
People v. Lizardi

Opinion of the Court

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 12, 2008, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

After sufficient inquiry, the court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record supports the court’s detailed findings of fact, in which it rejected each of defendant’s challenges to his plea. Under the circumstances, it was unnecessary to engage in further fact-finding regarding counsel’s pre-plea advice to defendant about the de*407fenses of justification and intoxication. Concur—Gonzalez, P.J., Saxe, McGuire, Acosta and Abdus-Salaam, JJ.

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