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The People of the State of New York v. Olu Norwood

New York Supreme and/or Appellate Courts Appellate Division, First Department


April 24, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
OLU NORWOOD,
DEFENDANT-APPELLANT.

People v Norwood

Decided on April 24, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered October 28, 2008, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of nine years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). Although defendant received a sufficient opportunity to do so, he failed to provide a legal basis for withdrawing his plea. The transcript of the plea proceeding demonstrates that defendant entered his guilty plea knowingly, intelligently and voluntarily (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]). Defendant expressly admitted his intent to cause serious physical injury, and there is no indication that he failed to understand that element. We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 24, 2012

CLERK

20120424

© 1992-2012 VersusLaw Inc.



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