People v. Burroughs

Appellate Division of the Supreme Court of New York

People v. Burroughs

224 A.D.2d 1034, 638 N.Y.S.2d 266, 1996 N.Y. App. Div. LEXIS 1751

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

DecidedFebruary 2, 1996

StatusPublished

Cited by7 cases

This text of 224 A.D.2d 1034 (People v. Burroughs) 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. Burroughs, 224 A.D.2d 1034, 638 N.Y.S.2d 266, 1996 N.Y. App. Div. LEXIS 1751 (N.Y. Ct. App. 1996).

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Opinion

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court (see, People v Frederick, 45 NY2d 520, 524-525; People v Cantu, 202 AD2d 1033). Defendant’s generalized assertion of

[1035]*1035innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea (see, People v Cantu, supra; People v Rancka, 193 AD2d 1123, 1124, lv denied 82 NY2d 725; People v McNair [appeal No. 1], 186 AD2d 1089, lv denied 80 NY2d 1028). (Appeal from Judgment of Erie County Court, Rogowski, J. — Attempted Robbery, 3rd Degree.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court (see, People v Frederick, 45 NY2d 520, 524-525; People v Cantu, 202 AD2d 1033). Defendant’s generalized assertion of

[1035]*1035innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea (see, People v Cantu, supra; People v Rancka, 193 AD2d 1123, 1124, lv denied 82 NY2d 725; People v McNair [appeal No. 1], 186 AD2d 1089, lv denied 80 NY2d 1028). (Appeal from Judgment of Erie County Court, Rogowski, J. — Attempted Robbery, 3rd Degree.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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Bluebook (online)

224 A.D.2d 1034, 638 N.Y.S.2d 266, 1996 N.Y. App. Div. LEXIS 1751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burroughs-nyappdiv-1996.

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