People v. Chisolm

Appellate Division of the Supreme Court of New York

People v. Chisolm

250 A.D.2d 391, 671 N.Y.S.2d 656, 1998 N.Y. App. Div. LEXIS 5317

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

DecidedMay 7, 1998

StatusPublished

This text of 250 A.D.2d 391 (People v. Chisolm) 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. Chisolm, 250 A.D.2d 391, 671 N.Y.S.2d 656, 1998 N.Y. App. Div. LEXIS 5317 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered April 29, 1996, convicting defendant, upon his plea of guilty, of at[392]*392tempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

The court properly denied, after a hearing, defendant’s motion to withdraw his plea, since the record demonstrates that defendant knowingly and voluntarily pleaded guilty and received effective assistance of counsel (see, People v Ford, 86 NY2d 397, 404; People v Spinks, 227 AD2d 310, lv denied 88 NY2d 995).

We see no reason to disturb the hearing court’s credibility determinations, which are supported by the record. Concur— Sullivan, J. P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered April 29, 1996, convicting defendant, upon his plea of guilty, of at[392]*392tempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

The court properly denied, after a hearing, defendant’s motion to withdraw his plea, since the record demonstrates that defendant knowingly and voluntarily pleaded guilty and received effective assistance of counsel (see, People v Ford, 86 NY2d 397, 404; People v Spinks, 227 AD2d 310, lv denied 88 NY2d 995).

We see no reason to disturb the hearing court’s credibility determinations, which are supported by the record. Concur— Sullivan, J. P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

250 A.D.2d 391, 671 N.Y.S.2d 656, 1998 N.Y. App. Div. LEXIS 5317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chisolm-nyappdiv-1998.

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