Narrative Opinion Summary
Durante Tirado was convicted of second-degree murder, attempted murder, and second-degree criminal possession of a weapon after pleading guilty, receiving a sentence of 25 years to life for murder, followed by 25 years for attempted murder (consecutive) and 15 years for weapon possession (concurrent). The Supreme Court, Kings County, denied Tirado's motion to withdraw his plea, which was found to have been entered knowingly, voluntarily, and intelligently. The court's decision to enhance the sentence based on violations of conditions set at the plea was deemed appropriate, although the enhancement was considered excessive to some extent. The judgment was modified to vacate mandatory surcharges and fees, and the sentences were ordered to run concurrently. The remaining arguments presented by the defendant were deemed without merit.
Legal Issues Addressed
Enhancement of Sentencessubscribe to see similar legal issues
Application: The court upheld the enhancement of the sentence based on violations of conditions set at the plea, although the degree of enhancement was partially modified.
Reasoning: The court's decision to enhance the sentence based on violations of conditions set at the plea was deemed appropriate, although the enhancement was considered excessive to some extent.
Merit of Remaining Argumentssubscribe to see similar legal issues
Application: The court found no merit in the remaining arguments presented by the defendant.
Reasoning: The remaining arguments presented by the defendant were deemed without merit.
Modification of Judgmentsubscribe to see similar legal issues
Application: The judgment was modified to vacate mandatory surcharges and fees, and the sentences were ordered to run concurrently.
Reasoning: The judgment was modified to vacate mandatory surcharges and fees, and the sentences were ordered to run concurrently.
Voluntariness of Guilty Pleasubscribe to see similar legal issues
Application: The court affirmed that the defendant's guilty plea was entered knowingly, voluntarily, and intelligently, thus denying the motion to withdraw the plea.
Reasoning: The Supreme Court, Kings County, denied Tirado's motion to withdraw his plea, which was found to have been entered knowingly, voluntarily, and intelligently.