People v. Braddy

Appellate Division of the Supreme Court of New York

People v. Braddy

284 A.D.2d 222, 726 N.Y.S.2d 269, 2001 N.Y. App. Div. LEXIS 6512

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

DecidedJune 21, 2001

StatusPublished

This text of 284 A.D.2d 222 (People v. Braddy) 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. Braddy, 284 A.D.2d 222, 726 N.Y.S.2d 269, 2001 N.Y. App. Div. LEXIS 6512 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered January 10, 1997, convicting defendant, upon his plea of guilty, of criminal use of a firearm in the first degree, and sentencing him to a term of 6 to 12 years, unanimously affirmed.

After giving due consideration to defendant’s claims of innocence along with the plea allocution record, which established [223]*223that defendant’s plea was knowing, voluntary and intelligent, the court properly exercised its discretion in denying defendant’s motion to withdraw his plea (see, People v Frederick, 45 NY2d 520). Nothing in the plea allocution cast doubt on defendant’s guilt (see, People v Toxey, 86 NY2d 725). While in his plea withdrawal motion defendant cited his recent discovery of the identity of a purported exculpatory witness, this person was not an eyewitness and the admissibility and exculpatory nature of her potential testimony was dubious at best. Moreover, withdrawal of the plea would have caused an unusually high degree of prejudice to the People. Concur — Nardelli, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered January 10, 1997, convicting defendant, upon his plea of guilty, of criminal use of a firearm in the first degree, and sentencing him to a term of 6 to 12 years, unanimously affirmed.

After giving due consideration to defendant’s claims of innocence along with the plea allocution record, which established [223]*223that defendant’s plea was knowing, voluntary and intelligent, the court properly exercised its discretion in denying defendant’s motion to withdraw his plea (see, People v Frederick, 45 NY2d 520). Nothing in the plea allocution cast doubt on defendant’s guilt (see, People v Toxey, 86 NY2d 725). While in his plea withdrawal motion defendant cited his recent discovery of the identity of a purported exculpatory witness, this person was not an eyewitness and the admissibility and exculpatory nature of her potential testimony was dubious at best. Moreover, withdrawal of the plea would have caused an unusually high degree of prejudice to the People. Concur — Nardelli, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.

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Bluebook (online)

284 A.D.2d 222, 726 N.Y.S.2d 269, 2001 N.Y. App. Div. LEXIS 6512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-braddy-nyappdiv-2001.

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