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People v. Billingsley

429 N.E.2d 826, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 1981 N.Y. LEXIS 3157
CourtNew York Court of Appeals
DecidedOctober 27, 1981
StatusPublished
Cited by23 cases

This text of 429 N.E.2d 826 (People v. Billingsley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Billingsley, 429 N.E.2d 826, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 1981 N.Y. LEXIS 3157 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

There was no deficiency in the court’s inquiry of defendant or in defendant’s responses on the occasion of the acceptance of his plea of guilty. Reference was then included to the defendant’s claim that the gun was fired in self-defense. Defendant’s postplea assertion of innocence predicated on the theory of self-defense in no way vitiated the validity of his prior, counseled plea of guilty. There was, therefore, no abuse of discretion in the denial of defendant’s postsentencing motion to withdraw his plea.

We have examined defendant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)
429 N.E.2d 826, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 1981 N.Y. LEXIS 3157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-billingsley-ny-1981.