People v. Hall

Appellate Division of the Supreme Court of New York

People v. Hall

56 A.D.2d 893, 392 N.Y.S.2d 677, 1977 N.Y. App. Div. LEXIS 11289

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

DecidedMarch 21, 1977

StatusPublished

Cited by6 cases

This text of 56 A.D.2d 893 (People v. Hall) 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. Hall, 56 A.D.2d 893, 392 N.Y.S.2d 677, 1977 N.Y. App. Div. LEXIS 11289 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 14, 1975 (the date on the minutes of sentence is March 18, 1976), convicting him of attempted robbery in the first degree, upon his pled of guilty, and imposing sentence. Case remanded to the Supreme Court to hear and report on defendant’s application to withdraw his plea of guilty, and appeal held in abeyance in the interim. It is within the discretion of the trial court to allow a defendant to withdraw his guilty plea at any time prior to sentence. "The court, except under special circumstances, should either grant the application or conduct a hearing to determine whether the application has merit” (cf. People v Williams, 55 AD2d 923; see, also, People v McClain, 32 NY2d 697; People v McKennion, 27 NY2d 671). Here the defendant made statements at the time of sentencing which included allegations of his innocence. Even if there was some doubt as to what the defendant was referring, the trial court should not have imposed sentence without further inquiry. A hearing will allow the court to fully examine any claims made by defendant, and resolve any ambiguities. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 14, 1975 (the date on the minutes of sentence is March 18, 1976), convicting him of attempted robbery in the first degree, upon his pled of guilty, and imposing sentence. Case remanded to the Supreme Court to hear and report on defendant’s application to withdraw his plea of guilty, and appeal held in abeyance in the interim. It is within the discretion of the trial court to allow a defendant to withdraw his guilty plea at any time prior to sentence. "The court, except under special circumstances, should either grant the application or conduct a hearing to determine whether the application has merit” (cf. People v Williams, 55 AD2d 923; see, also, People v McClain, 32 NY2d 697; People v McKennion, 27 NY2d 671). Here the defendant made statements at the time of sentencing which included allegations of his innocence. Even if there was some doubt as to what the defendant was referring, the trial court should not have imposed sentence without further inquiry. A hearing will allow the court to fully examine any claims made by defendant, and resolve any ambiguities. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 893, 392 N.Y.S.2d 677, 1977 N.Y. App. Div. LEXIS 11289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hall-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack