People v. Greene

Appellate Division of the Supreme Court of New York

People v. Greene

208 A.D.2d 764, 618 N.Y.S.2d 539

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

DecidedOctober 17, 1994

StatusPublished

Cited by3 cases

This text of 208 A.D.2d 764 (People v. Greene) 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. Greene, 208 A.D.2d 764, 618 N.Y.S.2d 539 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Jones, J.), rendered December 17, 1993, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to counsel at his sentencing because when he moved to withdraw his plea, defense counsel took an adverse position to his motion. The record, however, indicates that defense counsel did not take an adverse position to the defendant’s request and that the court based its determination upon the record before it and not upon any statements by counsel (see, People v Sutton, 39 AD2d 820; cf., People v Rozzell, 20 NY2d 712, 713; People v Santana, 156 AD2d 736).

We have reviewed the defendant’s remaining contentions and find them to be without merit (see, People v Seaberg, 74 NY2d 1, 11; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816). Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, 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 (Jones, J.), rendered December 17, 1993, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to counsel at his sentencing because when he moved to withdraw his plea, defense counsel took an adverse position to his motion. The record, however, indicates that defense counsel did not take an adverse position to the defendant’s request and that the court based its determination upon the record before it and not upon any statements by counsel (see, People v Sutton, 39 AD2d 820; cf., People v Rozzell, 20 NY2d 712, 713; People v Santana, 156 AD2d 736).

We have reviewed the defendant’s remaining contentions and find them to be without merit (see, People v Seaberg, 74 NY2d 1, 11; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816). Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

208 A.D.2d 764, 618 N.Y.S.2d 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greene-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack