People v. Bell

Appellate Division of the Supreme Court of New York

People v. Bell

93 A.D.2d 893, 461 N.Y.S.2d 401, 1983 N.Y. App. Div. LEXIS 17781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1983

StatusPublished

This text of 93 A.D.2d 893 (People v. Bell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bell, 93 A.D.2d 893, 461 N.Y.S.2d 401, 1983 N.Y. App. Div. LEXIS 17781 (N.Y. Ct. App. 1983).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 13, 1978, convicting him of murder in the second degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial of defendant’s presentence motion to withdraw his guilty plea. By order dated December 17, 1979, this court affirmed defendant’s sentence (People v Bell, 73 AD2d 850). By order dated November 13, 1981, this court, inter alia, granted, on consent of the People, defendant’s motion for reargument of the appeal. Upon reargument, the decision and order of this court, both dated December 17, 1979, are recalled and vacated and thereupon the judgment is affirmed. Under the circumstances, the court afforded defendant a reasonable opportunity to advance his postplea assertion of innocence. On this record there is no basis to conclude that Criminal Term abused its discretion in denying defendant’s application to withdraw his guilty plea (People v Frederick, 45 NY2d 520; People v Tinsley, 35 NY2d 926; CPL 220.60, subd 3). Lazer, J. P., Gulotta, Brown and Boyers, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 13, 1978, convicting him of murder in the second degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial of defendant’s presentence motion to withdraw his guilty plea. By order dated December 17, 1979, this court affirmed defendant’s sentence (People v Bell, 73 AD2d 850). By order dated November 13, 1981, this court, inter alia, granted, on consent of the People, defendant’s motion for reargument of the appeal. Upon reargument, the decision and order of this court, both dated December 17, 1979, are recalled and vacated and thereupon the judgment is affirmed. Under the circumstances, the court afforded defendant a reasonable opportunity to advance his postplea assertion of innocence. On this record there is no basis to conclude that Criminal Term abused its discretion in denying defendant’s application to withdraw his guilty plea (People v Frederick, 45 NY2d 520; People v Tinsley, 35 NY2d 926; CPL 220.60, subd 3). Lazer, J. P., Gulotta, Brown and Boyers, JJ., concur.

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Bluebook (online)

93 A.D.2d 893, 461 N.Y.S.2d 401, 1983 N.Y. App. Div. LEXIS 17781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bell-nyappdiv-1983.

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