Efrain Lopez pleaded guilty to attempted burglary in the second degree and, because he was a "persistent violent felony offender," was sentenced to 12 years to life.
When Lopez later sought to rescind his plea, on the grounds he had been medicated and coerced into agreeing to the deal, the New York County Supreme Court concluded that the guy's decision was "knowing, intelligent and voluntary."
Because there was no indication in the record that medication affected Lopez's ability to appreciate the consequences of his decisions, the AD1 allowed the sentence and conviction to stand.
Did he lack true persistence?
To view a copy of the Appellate Division's decision, please use this link: People v. Lopez