People v. Holka

Appellate Division of the Supreme Court of New York

People v. Holka

48 A.D.3d 1079, 849 N.Y.S.2d 842

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

DecidedFebruary 1, 2008

StatusPublished

This text of 48 A.D.3d 1079 (People v. Holka) 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. Holka, 48 A.D.3d 1079, 849 N.Y.S.2d 842 (N.Y. Ct. App. 2008).

Pincite

Opinion

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered December 19, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]) and assault in the second degree (§ 120.05 [2]). We reject the contention of defendant that his waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Pasha, 36 AD3d 425 [2007], lv denied 8 NY3d 989 [2007]), and we further conclude that County Court properly denied his motion to withdraw the plea. Defendant’s papers in support of the motion were devoid of any evidence, or indeed any claim, of innocence, fraud, or mistake to warrant withdrawal of the plea (see People v Grantier, 277 AD2d 987 [2000], lv denied 96 NY2d 784 [2001]). Finally, the sentence is not unduly harsh or severe. Present&emdash;Scudder, P.J., Martoche, Peradotto, Pine and Gorski, JJ.

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Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered December 19, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]) and assault in the second degree (§ 120.05 [2]). We reject the contention of defendant that his waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Pasha, 36 AD3d 425 [2007], lv denied 8 NY3d 989 [2007]), and we further conclude that County Court properly denied his motion to withdraw the plea. Defendant’s papers in support of the motion were devoid of any evidence, or indeed any claim, of innocence, fraud, or mistake to warrant withdrawal of the plea (see People v Grantier, 277 AD2d 987 [2000], lv denied 96 NY2d 784 [2001]). Finally, the sentence is not unduly harsh or severe. Present&emdash;Scudder, P.J., Martoche, Peradotto, Pine and Gorski, JJ.

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Bluebook (online)

48 A.D.3d 1079, 849 N.Y.S.2d 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holka-nyappdiv-2008.

Opinion

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