People v. Bones

Appellate Division of the Supreme Court of New York

People v. Bones

114 A.D.3d 1248, 980 N.Y.S.2d 855

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

DecidedFebruary 14, 2014

StatusPublished

This text of 114 A.D.3d 1248 (People v. Bones) 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. Bones, 114 A.D.3d 1248, 980 N.Y.S.2d 855 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment of the Monroe County Court (Teresa D. Johnson, A.J.), rendered November 5, 2009. The judgment convicted defendant, upon his plea of guilty, of resisting arrest.

[1249]*1249It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of resisting arrest (Penal Law § 205.30), defendant contends that County Court abused its discretion in denying his request for an adjournment in order to submit a written motion to withdraw his plea. We note that the request for an adjournment occurred after defendant waived his right to appeal and, even assuming, arguendo, that defendant’s waiver of the right to appeal was invalid, we conclude that the court did not abuse its discretion in denying defendant’s request (see People v Degree, 270 AD2d 847, 847 [2000]). Present — Centra, J.E, Fahey, Lindley, Sconiers and Whalen, JJ.

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Appeal from a judgment of the Monroe County Court (Teresa D. Johnson, A.J.), rendered November 5, 2009. The judgment convicted defendant, upon his plea of guilty, of resisting arrest.

[1249]*1249It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of resisting arrest (Penal Law § 205.30), defendant contends that County Court abused its discretion in denying his request for an adjournment in order to submit a written motion to withdraw his plea. We note that the request for an adjournment occurred after defendant waived his right to appeal and, even assuming, arguendo, that defendant’s waiver of the right to appeal was invalid, we conclude that the court did not abuse its discretion in denying defendant’s request (see People v Degree, 270 AD2d 847, 847 [2000]). Present — Centra, J.E, Fahey, Lindley, Sconiers and Whalen, JJ.

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Bluebook (online)

114 A.D.3d 1248, 980 N.Y.S.2d 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bones-nyappdiv-2014.

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