People v. Draper

178 A.D.2d 489

This text of 178 A.D.2d 489 (People v. Draper) 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. Draper, 178 A.D.2d 489 (N.Y. Ct. App. 1991).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered March 20, 1990, convicting him of attempted murder in the second degree (two counts), attempted aggravated assault on a police officer (two counts), criminal possession of a weapon in the second degree (two counts), and criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the Supreme Court properly exercised its discretion in declining to permit him to withdraw his guilty plea. The defendant knowingly and voluntarily made a complete and detailed plea allocution with the assistance of competent counsel, after the court had fully apprised him of the consequences of his plea (see, People v Harris, 61 NY2d 9; People v James, 159 AD2d 723, 724-725; People v Brownlee, 158 AD2d 610; People v Long, 157 AD2d 504; see also, People v Seger, 171 AD2d 892; People v O’Keefe, 170 AD2d 1020). Further, when the defendant made his subsequent application to withdraw his guilty plea, the court fully reviewed the motion papers and properly concluded that none of the contentions made warranted vacatur of the plea (see, People v Tinsley, 35 NY2d 926, 927; People v Seger, supra; People v James, supra; People v Duff, 158 AD2d 7Í1).

We have reviewed the defendant’s remaining contentions and find them to be without merit (see, People v Corbin, 175 AD2d 171; People v Duff, supra; People v Torres, 164 AD2d 923; People v Sullivan, 153 AD2d 223). Thompson, J. R, Bracken, Sullivan and Lawrence, JJ., concur.

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Related

People v. Tinsley
324 N.E.2d 544 (New York Court of Appeals, 1974)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Sullivan
153 A.D.2d 223 (Appellate Division of the Supreme Court of New York, 1990)
People v. Long
157 A.D.2d 504 (Appellate Division of the Supreme Court of New York, 1990)
People v. Brownlee
158 A.D.2d 610 (Appellate Division of the Supreme Court of New York, 1990)
People v. James
159 A.D.2d 723 (Appellate Division of the Supreme Court of New York, 1990)
People v. Torres
164 A.D.2d 923 (Appellate Division of the Supreme Court of New York, 1990)
People v. O'Keefe
170 A.D.2d 1020 (Appellate Division of the Supreme Court of New York, 1991)
People v. Seger
171 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1991)
People v. Corbin
175 A.D.2d 171 (Appellate Division of the Supreme Court of New York, 1991)

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Bluebook (online)
178 A.D.2d 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-draper-nyappdiv-1991.