People v. Graves

Appellate Division of the Supreme Court of New York

People v. Graves

92 A.D.3d 799, 938 N.Y.2d 470

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

DecidedFebruary 14, 2012

StatusPublished

Cited by3 cases

This text of 92 A.D.3d 799 (People v. Graves) 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. Graves, 92 A.D.3d 799, 938 N.Y.2d 470 (N.Y. Ct. App. 2012).

Pincite

Opinion

[800]*800Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist at least as to whether the County Court properly denied that branch of the defendant’s omnibus motion which was to controvert a search warrant and to suppress physical evidence seized in execution thereof (cf. People v Shemack, 40 AD3d 890 [2007]; People v Henderson, 14 AD3d 714 [2005]; People v Green, 230 AD2d 920, 921 [1996]; People v Close, 198 AD2d 428, 429 [1993]), and as to whether the County Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty (see People v Peoples, 24 AD3d 689, 690 [2005]; People v Terry, 169 AD2d 745, 746 [1991]). Accordingly, assignment of new counsel is warranted (see generally Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 254-261 [2011]). Angiolillo, J.E, Florio, Leventhal and Lott, JJ., concur.

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

[800]*800Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist at least as to whether the County Court properly denied that branch of the defendant’s omnibus motion which was to controvert a search warrant and to suppress physical evidence seized in execution thereof (cf. People v Shemack, 40 AD3d 890 [2007]; People v Henderson, 14 AD3d 714 [2005]; People v Green, 230 AD2d 920, 921 [1996]; People v Close, 198 AD2d 428, 429 [1993]), and as to whether the County Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty (see People v Peoples, 24 AD3d 689, 690 [2005]; People v Terry, 169 AD2d 745, 746 [1991]). Accordingly, assignment of new counsel is warranted (see generally Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 254-261 [2011]). Angiolillo, J.E, Florio, Leventhal and Lott, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

92 A.D.3d 799, 938 N.Y.2d 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graves-nyappdiv-2012.

Opinion

Related

Cite This Page — Counsel Stack