People v. Cosey

Appellate Division of the Supreme Court of New York

People v. Cosey

286 A.D.2d 647, 730 N.Y.S.2d 434, 2001 N.Y. App. Div. LEXIS 8834

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

DecidedSeptember 27, 2001

StatusPublished

Cited by4 cases

This text of 286 A.D.2d 647 (People v. Cosey) 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. Cosey, 286 A.D.2d 647, 730 N.Y.S.2d 434, 2001 N.Y. App. Div. LEXIS 8834 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 10, 1998, convicting defendant, upon his plea of guilty, of conspiracy in the first degree and murder in the second degree, and sentencing him to concurrent terms of 25 years to life, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant’s application to withdraw his guilty plea after affording defendant a full opportunity to present his claims (see, People v Frederick, 45 NY2d 520). The court properly concluded that defendant’s challenges to the plea were contradicted by his plea allocution and that the plea was voluntary. Defendant’s claim that his plea resulted from threats emanating from one or more codefendants was vague and unsubstantiated. Moreover, at the time of the plea, defendant unequivocally answered that his plea was not the product of threats or coercion. Defendant’s claim of innocence of the murder charge is contradicted by his detailed factual allocution. We have considered and rejected defendant’s remaining arguments. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 10, 1998, convicting defendant, upon his plea of guilty, of conspiracy in the first degree and murder in the second degree, and sentencing him to concurrent terms of 25 years to life, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant’s application to withdraw his guilty plea after affording defendant a full opportunity to present his claims (see, People v Frederick, 45 NY2d 520). The court properly concluded that defendant’s challenges to the plea were contradicted by his plea allocution and that the plea was voluntary. Defendant’s claim that his plea resulted from threats emanating from one or more codefendants was vague and unsubstantiated. Moreover, at the time of the plea, defendant unequivocally answered that his plea was not the product of threats or coercion. Defendant’s claim of innocence of the murder charge is contradicted by his detailed factual allocution. We have considered and rejected defendant’s remaining arguments. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.

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Bluebook (online)

286 A.D.2d 647, 730 N.Y.S.2d 434, 2001 N.Y. App. Div. LEXIS 8834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cosey-nyappdiv-2001.

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