People v. Harrison

Appellate Division of the Supreme Court of New York

People v. Harrison

212 A.D.2d 908, 623 N.Y.S.2d 165, 1995 N.Y. App. Div. LEXIS 1626

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

DecidedFebruary 16, 1995

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 908 (People v. Harrison) 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. Harrison, 212 A.D.2d 908, 623 N.Y.S.2d 165, 1995 N.Y. App. Div. LEXIS 1626 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 25, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Following defendant’s plea of guilty to one count of criminal possession of a controlled substance in the second degree, defendant made a motion to withdraw his plea. County Court denied this motion without a hearing and sentenced defendant to eight years to life in accordance with the plea bargain. In our view, County Court did not abuse its discretion by denying [909]*909this motion. The plea allocution minutes indicate that defendant’s plea was knowing and voluntary and there is no factual support for the contention that defendant entered the plea under duress. We are also unpersuaded by defendant’s assertion that he was denied the effective assistance of counsel.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 25, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Following defendant’s plea of guilty to one count of criminal possession of a controlled substance in the second degree, defendant made a motion to withdraw his plea. County Court denied this motion without a hearing and sentenced defendant to eight years to life in accordance with the plea bargain. In our view, County Court did not abuse its discretion by denying [909]*909this motion. The plea allocution minutes indicate that defendant’s plea was knowing and voluntary and there is no factual support for the contention that defendant entered the plea under duress. We are also unpersuaded by defendant’s assertion that he was denied the effective assistance of counsel.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

212 A.D.2d 908, 623 N.Y.S.2d 165, 1995 N.Y. App. Div. LEXIS 1626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harrison-nyappdiv-1995.

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