People v. Bruno

Decision Date11 May 2010
CourtNew York Supreme Court — Appellate Division
PartiesThe PEOPLE, etc., respondent, v. Stephen BRUNO, appellant.
900 N.Y.S.2d 447
73 A.D.3d 941


The PEOPLE, etc., respondent,
v.
Stephen BRUNO, appellant.


Supreme Court, Appellate Division, Second Department, New York.

May 11, 2010.

900 N.Y.S.2d 448

Stefani Goldin, Melville, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Cristin N. Connell of counsel), for respondent.

WILLIAM F. MASTRO, J.P., PETER B. SKELOS, THOMAS A. DICKERSON, and PLUMMER E. LOTT, JJ.

73 A.D.3d 941

Appeal by the defendant from a judgment of the County Court, Nassau County (LaPera, J.), rendered September 10, 2007, convicting him of robbery in the third degree (four counts), upon his plea of guilty, and imposing sentence, including a direction that the defendant make restitution in the sum of $16,715.

ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the provision of the sentence directing the defendant to make restitution in the sum of $16,715; as so modified, the judgment is affirmed.

The defendant's contention that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30 was forfeited by his plea of guilty ( see People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Perez, 51 A.D.3d 824, 824, 856 N.Y.S.2d 862; People v. Mosley, 50 A.D.3d 1161, 1161, 855 N.Y.S.2d 378; People v. Holmes, 303 A.D.2d 690, 691, 756 N.Y.S.2d 778).

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court ( see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707; People v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616; People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522), and this determination generally will not be disturbed absent an improvident exercise of discretion ( see People v. Pooler, 58 A.D.3d at 757, 871 N.Y.S.2d 707; People v. Ford, 44 A.D.3d at 1070, 844 N.Y.S.2d 400; People v. DeLeon, 40 A.D.3d 1008, 837 N.Y.S.2d 189). Here, the defendant knowingly, voluntarily, and intelligently entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise ( see

People v. Pooler, 58 A.D.3d at 757, 871 N.Y.S.2d 707; People v. Ford, 44 A.D.3d at 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616). The sentencing...

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  • People v. Johnson
    • United States
    • New York Supreme Court Appellate Division
    • July 11, 2012
    ...v. Ford, 44 A.D.3d 1070, 1071, 844 N.Y.S.2d 400, quoting People v. Caple, 279 A.D.2d 635, 635, 720 N.Y.S.2d 166;see People v. Bruno, 73 A.D.3d 941, 942, 900 N.Y.S.2d 447;People v. Smith, 61 A.D.3d 1005, 1005–1006, 876 N.Y.S.2d 900;People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707). Fur......
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    ...a baseless pro se motion to withdraw his plea of guilty, which was knowingly, voluntarily, and intelligently made ( see People v. Bruno, 73 A.D.3d 941, 900 N.Y.S.2d 447;People v. Pooler, 58 A.D.3d 757, 871 N.Y.S.2d 707;People v. Ford, 44 A.D.3d at 1071, 844 N.Y.S.2d 400). The defendant's va......
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  • People v. Esquivel
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    ...to the promise made to him in exchange for his plea of guilty ( see People v. McKenzie, 98 A.D.3d 749, 950 N.Y.S.2d 177;People v. Bruno, 73 A.D.3d 941, 942, 900 N.Y.S.2d 447;People v. Brown, 70 A.D.3d 1047, 1048, 893 N.Y.S.2d 901,cert. denied––– U.S. ––––, 131 S.Ct. 420, 178 L.Ed.2d 328;Peo......
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