People v. Goins

Appellate Division of the Supreme Court of New York

People v. Goins

278 A.D.2d 244, 716 N.Y.S.2d 909, 2000 N.Y. App. Div. LEXIS 12543

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

DecidedDecember 4, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 244 (People v. Goins) 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. Goins, 278 A.D.2d 244, 716 N.Y.S.2d 909, 2000 N.Y. App. Div. LEXIS 12543 (N.Y. Ct. App. 2000).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Klein, J.), rendered November 12, 1997, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Because the defendant moved to withdraw his plea and vacate the judgment on the ground that this plea was not voluntary, he preserved the issue of the sufficiency of the plea allocution for appellate review (see, CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636; People v Porter, 268 AD2d 603). However, we find that the plea and waiver of appeal were knowingly, voluntarily, and intelligently made (see, People v Seaberg, 74 NY2d 1; People v Harris, 61 NY2d 9; People v Eschenberg, 275 AD2d 719).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Santucci and Schmidt, JJ., concur.

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

Appeal by the defendant from a judgment of the County Court, Suffolk County (Klein, J.), rendered November 12, 1997, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Because the defendant moved to withdraw his plea and vacate the judgment on the ground that this plea was not voluntary, he preserved the issue of the sufficiency of the plea allocution for appellate review (see, CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636; People v Porter, 268 AD2d 603). However, we find that the plea and waiver of appeal were knowingly, voluntarily, and intelligently made (see, People v Seaberg, 74 NY2d 1; People v Harris, 61 NY2d 9; People v Eschenberg, 275 AD2d 719).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Santucci and Schmidt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D.2d 244, 716 N.Y.S.2d 909, 2000 N.Y. App. Div. LEXIS 12543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goins-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack