Home/New York Court of Appeals/People v. Billingsley

People v. Billingsley

429 N.E.2d 826, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 1981 N.Y. LEXIS 3157
New York Court of Appeals·Decided October 27, 1981·Published·Cited by 23 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

429 N.E.2d 826 (People v. Billingsley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Rios
2026 NY Slip Op 00963 (New York Court of Appeals, 2026)
The People v. Yasif Sims
New York Court of Appeals, 2024
People v. Douglas
83 A.D.3d 1092 (Appellate Division of the Supreme Court of New York, 2011)
People v. Alexander
769 N.E.2d 802 (New York Court of Appeals, 2002)
People v. Riley
290 A.D.2d 568 (Appellate Division of the Supreme Court of New York, 2002)
People v. Richards
251 A.D.2d 707 (Appellate Division of the Supreme Court of New York, 1998)
People v. Torres
223 A.D.2d 420 (Appellate Division of the Supreme Court of New York, 1996)
People v. Tillinghast
208 A.D.2d 1030 (Appellate Division of the Supreme Court of New York, 1994)
People v. Walker
192 A.D.2d 470 (Appellate Division of the Supreme Court of New York, 1993)
People v. Graham
191 A.D.2d 353 (Appellate Division of the Supreme Court of New York, 1993)
People v. Mason
186 A.D.2d 227 (Appellate Division of the Supreme Court of New York, 1992)
People v. Smith
178 A.D.2d 166 (Appellate Division of the Supreme Court of New York, 1991)
People v. Castillo
176 A.D.2d 682 (Appellate Division of the Supreme Court of New York, 1991)
People v. Payne
176 A.D.2d 827 (Appellate Division of the Supreme Court of New York, 1991)
People v. Latimer
176 A.D.2d 350 (Appellate Division of the Supreme Court of New York, 1991)
People v. Braun
167 A.D.2d 164 (Appellate Division of the Supreme Court of New York, 1990)
People v. Diaz
162 A.D.2d 405 (Appellate Division of the Supreme Court of New York, 1990)
People v. Gordon
162 A.D.2d 343 (Appellate Division of the Supreme Court of New York, 1990)
People v. Dukes
162 A.D.2d 292 (Appellate Division of the Supreme Court of New York, 1990)
People v. Stearn
160 A.D.2d 323 (Appellate Division of the Supreme Court of New York, 1990)