11 A.D.3d 305 782 N.Y.S.2d 451

The People of the State of New York, Respondent, v Fausto Castillo, Appellant.

[782 NYS2d 451]

Judgment, Supreme Court, Bronx County (Ruth Levine Suss-man, J.), rendered January 19, 2001, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of two 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]). The record establishes that the plea was knowing, intelligent and voluntary. When, during the allocution, defendant initially cast doubt on his guilt, the court conducted a further colloquy with defendant that erased any such doubt (see e.g. People v Bell, 245 AD2d 76 [1997], lv denied 91 NY2d 939 [1998]; People v Rodriguez, 227 AD2d 206 [1996], lv denied 88 *306NY2d 993 [1996]). Furthermore, the record reflects that defendant was fully a ware of a possible weakness in the People’s proof but chose to accept a favorable plea offer in order to avoid the risk of conviction after trial. We have considered and rejected defendant’s remaining arguments. Concur—Tom, J.P., Saxe, Williams, Marlow and Sweeny, JJ.

People v. Castillo
11 A.D.3d 305 782 N.Y.S.2d 451

Case Details

Name
People v. Castillo
Decision Date
Oct 14, 2004
Citations

11 A.D.3d 305

782 N.Y.S.2d 451

Jurisdiction
New York

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