People v. Boans

Appellate Division of the Supreme Court of New York

People v. Boans

93 A.D.2d 1000, 461 N.Y.S.2d 615, 1983 N.Y. App. Div. LEXIS 17928

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

DecidedApril 1, 1983

StatusPublished

Cited by2 cases

This text of 93 A.D.2d 1000 (People v. Boans) 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. Boans, 93 A.D.2d 1000, 461 N.Y.S.2d 615, 1983 N.Y. App. Div. LEXIS 17928 (N.Y. Ct. App. 1983).

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Opinion

— Judgment unanimously affirmed. Memorandum: We find no reason in this record to vacate defendant’s bargained plea of guilty to manslaughter in the first degree. He entered his plea during trial after hearing the evidence against him and the court which accepted the plea had no reason to believe it was unfair or inappropriate (see People v Francis, 38 NY2d 150). There is nothing in the record which supports defendant’s claim that he was denied the effective assistance of counsel and defendant may pursue that issue under CPL 440.10 (see People v Brown, 45 NY2d 852, 853-854). (Appeal from judgment of Niagara County Court, Di Florio, J. — manslaughter, first degree.) Present — Hancock, Jr., J. P., Doerr, Denman, Moule and Schnepp, JJ.

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— Judgment unanimously affirmed. Memorandum: We find no reason in this record to vacate defendant’s bargained plea of guilty to manslaughter in the first degree. He entered his plea during trial after hearing the evidence against him and the court which accepted the plea had no reason to believe it was unfair or inappropriate (see People v Francis, 38 NY2d 150). There is nothing in the record which supports defendant’s claim that he was denied the effective assistance of counsel and defendant may pursue that issue under CPL 440.10 (see People v Brown, 45 NY2d 852, 853-854). (Appeal from judgment of Niagara County Court, Di Florio, J. — manslaughter, first degree.) Present — Hancock, Jr., J. P., Doerr, Denman, Moule and Schnepp, JJ.

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Bluebook (online)

93 A.D.2d 1000, 461 N.Y.S.2d 615, 1983 N.Y. App. Div. LEXIS 17928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boans-nyappdiv-1983.

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