People v. Gosdin

Appellate Division of the Supreme Court of New York

People v. Gosdin

303 A.D.2d 979, 755 N.Y.S.2d 916, 2003 N.Y. App. Div. LEXIS 2988

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

DecidedMarch 21, 2003

StatusPublished

Cited by1 cases

This text of 303 A.D.2d 979 (People v. Gosdin) 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.

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People v. Gosdin, 303 A.D.2d 979, 755 N.Y.S.2d 916, 2003 N.Y. App. Div. LEXIS 2988 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of robbery in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court did not abuse its discretion in denying without a hearing a motion made by defendant at sentencing to withdraw his plea of guilty (see People v Lopez, 209 AD2d 545 [1994], lv denied 85 NY2d 911 [1995]). “Defendant’s generalized assertion of innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea” (People v Burroughs, 224 AD2d 1034, 1034-1035 [1996], lv denied 88 NY2d 845 [1996]; see People v Hutchings, 263 AD2d 965, 966 [1999], lv denied 93 NY2d 1044 [1999]). Present — Green, J.P., Wisner, Scudder, Burns and Gorski, JJ.

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—Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of robbery in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court did not abuse its discretion in denying without a hearing a motion made by defendant at sentencing to withdraw his plea of guilty (see People v Lopez, 209 AD2d 545 [1994], lv denied 85 NY2d 911 [1995]). “Defendant’s generalized assertion of innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea” (People v Burroughs, 224 AD2d 1034, 1034-1035 [1996], lv denied 88 NY2d 845 [1996]; see People v Hutchings, 263 AD2d 965, 966 [1999], lv denied 93 NY2d 1044 [1999]). Present — Green, J.P., Wisner, Scudder, Burns and Gorski, JJ.

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303 A.D.2d 979, 755 N.Y.S.2d 916, 2003 N.Y. App. Div. LEXIS 2988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gosdin-nyappdiv-2003.

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