People v. Degree
This text of 270 A.D.2d 847 (People v. Degree) 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.
Opinion
—Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying the request of defendant for an adjournment for the purpose of submitting a written motion to withdraw his guilty plea. The court offered defendant the opportunity to explain his reasons for seeking to withdraw his plea. Defendant asserted his innocence in a conclusory manner and stated that he pleaded guilty because he feared a greater sentence if convicted after trial; he offered no factual support for the assertion of innocence (see, People v Robertson, 255 AD2d 968, lv denied 92 NY2d 1053). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ.
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Cite This Page — Counsel Stack
270 A.D.2d 847, 705 N.Y.S.2d 315, 2000 N.Y. App. Div. LEXIS 3570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-degree-nyappdiv-2000.