People v. Cunningham

Appellate Division of the Supreme Court of New York

People v. Cunningham

37 A.D.2d 1033, 326 N.Y.S.2d 13, 1971 N.Y. App. Div. LEXIS 2932

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

DecidedNovember 24, 1971

StatusPublished

This text of 37 A.D.2d 1033 (People v. Cunningham) 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. Cunningham, 37 A.D.2d 1033, 326 N.Y.S.2d 13, 1971 N.Y. App. Div. LEXIS 2932 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal from a judgment of conviction of the County Court, Washington County, entered upon a plea of guilty to the offense of criminal trespass in the fourth degree. Appellant, indicted for the crimes of possession of burglar’s tools and criminal trespass in the third degree, entered a plea of guilty to the charge of criminal trepass in the fourth degree in full satisfaction of all charges in the indictment. We find no merit in his contentions that there was such noncompliance with section 335 of the Code of Criminal Procedure as to require a reversal of the judgment of conviction (People v. Sadness, 300 N. Y. 69; People v. McGuire, 13 A D 2d 794) or that his plea was not voluntarily and knowingly made in that he did not realize that the indictment would not be dismissed but rather satisfied by the plea. Accordingly, the judgment of conviction should be affirmed. Judgment affirmed. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of conviction of the County Court, Washington County, entered upon a plea of guilty to the offense of criminal trespass in the fourth degree. Appellant, indicted for the crimes of possession of burglar’s tools and criminal trespass in the third degree, entered a plea of guilty to the charge of criminal trepass in the fourth degree in full satisfaction of all charges in the indictment. We find no merit in his contentions that there was such noncompliance with section 335 of the Code of Criminal Procedure as to require a reversal of the judgment of conviction (People v. Sadness, 300 N. Y. 69; People v. McGuire, 13 A D 2d 794) or that his plea was not voluntarily and knowingly made in that he did not realize that the indictment would not be dismissed but rather satisfied by the plea. Accordingly, the judgment of conviction should be affirmed. Judgment affirmed. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

37 A.D.2d 1033, 326 N.Y.S.2d 13, 1971 N.Y. App. Div. LEXIS 2932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cunningham-nyappdiv-1971.

Opinion

Related

Cite This Page — Counsel Stack