People v. Pica
| Decision Date | 15 July 1985 |
| Citation | 491 N.Y.S.2d 775,112 A.D.2d 325 |
| Parties | The PEOPLE, etc., Respondent, v. Ferdinand PICA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William E. Hellerstein, New York City (Robert E. Precht, New York City, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Brian D. Foley, Brooklyn, and Alan Ganeles of counsel), for respondent.
Before BROWN, J.P., and WEINSTEIN, NIEHOFF and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 16, 1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant's motion to withdraw his plea of guilty.
Judgment affirmed.
Criminal Term did not abuse its discretion in determining, on the basis of the plea minutes, hospital records and the testimony at the hearing held on defendant's motion to withdraw his plea, that defendant's claim that his plea was involuntary because at the time of his plea he was in pain as a result of a kidney stone condition was without merit (cf. People v. Bangert, 107 A.D.2d 752, 484 N.Y.S.2d 117; People v. Fishon, 97 A.D.2d 773, 468 N.Y.S.2d 185; People v. Kelsch, 96 A.D.2d 677, 466 N.Y.S.2d 535; People v. Parizo, 78 A.D.2d 863, 432 N.Y.S.2d 627). Accordingly, defendant's motion to withdraw his plea was properly denied.
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