People v. Gunn

Appellate Division of the Supreme Court of New York

People v. Gunn

54 A.D.2d 805, 388 N.Y.S.2d 38, 1976 N.Y. App. Div. LEXIS 14496

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

DecidedOctober 28, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 805 (People v. Gunn) 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. Gunn, 54 A.D.2d 805, 388 N.Y.S.2d 38, 1976 N.Y. App. Div. LEXIS 14496 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment of the Albany County Court, rendered November 26, 1975, convicting defendant, upon a plea of guilty, of the crime of attempted rape in the first degree. At his sentencing defendant attempted to withdraw the plea of guilty to the crime of attempted rape in the first degree he had previously made in full satisfaction of an indictment charging him with attempted rape in the first degree and burglary in the second degree. While, pursuant to CPL 220.60 (subd 3), the County Court could in its discretion have permitted such a withdrawal, the denial thereof cannot be said to have constituted an abuse of discretion in the instant case (People v Cataldo, 39 NY2d 578; People v Tinsley, 35 NY2d 926). Nor do we find any merit in defendant’s contention that he was inadequately represented by his appointed counsel (People v Tomaselli, 7 NY2d 350; cf. People v Droz, 39 NY2d 457) or in any additional assertions. Judgment affirmed. Greenblott, J. P., Kane, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a judgment of the Albany County Court, rendered November 26, 1975, convicting defendant, upon a plea of guilty, of the crime of attempted rape in the first degree. At his sentencing defendant attempted to withdraw the plea of guilty to the crime of attempted rape in the first degree he had previously made in full satisfaction of an indictment charging him with attempted rape in the first degree and burglary in the second degree. While, pursuant to CPL 220.60 (subd 3), the County Court could in its discretion have permitted such a withdrawal, the denial thereof cannot be said to have constituted an abuse of discretion in the instant case (People v Cataldo, 39 NY2d 578; People v Tinsley, 35 NY2d 926). Nor do we find any merit in defendant’s contention that he was inadequately represented by his appointed counsel (People v Tomaselli, 7 NY2d 350; cf. People v Droz, 39 NY2d 457) or in any additional assertions. Judgment affirmed. Greenblott, J. P., Kane, Main, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

54 A.D.2d 805, 388 N.Y.S.2d 38, 1976 N.Y. App. Div. LEXIS 14496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gunn-nyappdiv-1976.

Opinion

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