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The People of the State of New York v. Sean Best

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


October 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
SEAN BEST,
DEFENDANT-APPELLANT.

People v Best

Decided on October 9, 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.

Saxe, J.P., Sweeny, Richter, Abdus-Salaam, Roman, JJ.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered January 26, 2010, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]). "[T]he nature and extent of the fact-finding procedures on such motions rest largely in the discretion of the court" (People v Fiumefreddo, 82 NY2d 536, 544 [1993]). The record establishes the voluntariness of the plea. The court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to reject defendant's claim that medication affected his ability to understand the proceedings (see People v Alexander, 97 NY2d 482 [2002]).

We perceive no basis for reducing the sentence.

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

ENTERED: OCTOBER 9, 2012

CLERK

20121009

© 1992-2012 VersusLaw Inc.



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