People v. Gaskin

Appellate Division of the Supreme Court of New York

People v. Gaskin

2 A.D.3d 347, 768 N.Y.S.2d 817, 2003 N.Y. App. Div. LEXIS 14036

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

DecidedDecember 30, 2003

StatusPublished

Cited by5 cases

This text of 2 A.D.3d 347 (People v. Gaskin) 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. Gaskin, 2 A.D.3d 347, 768 N.Y.S.2d 817, 2003 N.Y. App. Div. LEXIS 14036 (N.Y. Ct. App. 2003).

Pincite

Opinion

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 27, 2003, convicting defendant, upon his plea of guilty, of attempted sodomy in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

The court properly denied, without a hearing, defendant’s motion to withdraw his guilty plea. The court considered the written motion and reviewed defendant’s file. Defendant received a reasonable opportunity to present his claims through his written submission, and had an opportunity to address the court, at which time he merely restated his unelaborated claim of innocence. Defendant’s claims of innocence and of ineffective assistance of counsel were entirely conclusory, and his plea colloquy contradicted his claims and established the voluntariness of the plea (see e.g. People v Martinez, 289 AD2d 70 [2001], lv denied 97 NY2d 757 [2002]; People v Falas, 286 AD2d 651 [2001], lv denied 97 NY2d 728 [2002]; People v Black, 279 AD2d 421 [2001], lv denied 96 NY2d 780 [2001]). Concur—Buckley, P.J., Andrias, Sullivan, Friedman and Gonzalez, JJ.

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

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 27, 2003, convicting defendant, upon his plea of guilty, of attempted sodomy in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

The court properly denied, without a hearing, defendant’s motion to withdraw his guilty plea. The court considered the written motion and reviewed defendant’s file. Defendant received a reasonable opportunity to present his claims through his written submission, and had an opportunity to address the court, at which time he merely restated his unelaborated claim of innocence. Defendant’s claims of innocence and of ineffective assistance of counsel were entirely conclusory, and his plea colloquy contradicted his claims and established the voluntariness of the plea (see e.g. People v Martinez, 289 AD2d 70 [2001], lv denied 97 NY2d 757 [2002]; People v Falas, 286 AD2d 651 [2001], lv denied 97 NY2d 728 [2002]; People v Black, 279 AD2d 421 [2001], lv denied 96 NY2d 780 [2001]). Concur—Buckley, P.J., Andrias, Sullivan, Friedman and Gonzalez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2 A.D.3d 347, 768 N.Y.S.2d 817, 2003 N.Y. App. Div. LEXIS 14036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaskin-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack