PEOPLE v. OCASIO (1999)

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

The PEOPLE of the State of New York, Respondent, v. Victor OCASIO, Defendant-Appellant.

Decided: April 20, 1999

ELLERIN, P.J., ROSENBERGER, ANDRIAS, SAXE and FRIEDMAN, JJ.

Susan Gliner, for Respondent. Ronald Alfano, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered March 1, 1996, convicting defendant, upon his plea of guilty, of murder in the second degree and conspiracy in the second degree, and sentencing him to concurrent terms of 22 years to life and 81/313 to 25 years, and order, same court and Justice, entered on or about August 8, 1997, which denied defendant's motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

The court properly denied defendant's motion to withdraw his guilty plea and his motion to vacate the judgment. Recognizing the special scrutiny required when a defendant's plea is connected to that of a relative, we conclude that to the extent that defendant's plea may be considered linked to the plea of his codefendant brother, such linkage did not render defendant's plea involuntary under the totality of circumstances. Particularly pertinent is the overwhelming evidence of defendant's guilt set forth in the thorough allocution presented to the court below (see, People v. Fiumefreddo, 82 N.Y.2d 536, 544, 545-46, 605 N.Y.S.2d 671, 626 N.E.2d 646).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network