People v. Irwin

Appellate Division of the Supreme Court of New York

People v. Irwin

161 A.D.2d 1211, 558 N.Y.S.2d 874, 1990 N.Y. App. Div. LEXIS 9320

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1211 (People v. Irwin) 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. Irwin, 161 A.D.2d 1211, 558 N.Y.S.2d 874, 1990 N.Y. App. Div. LEXIS 9320 (N.Y. Ct. App. 1990).

Pincite

Opinion

Motion for reargument granted in accordance with the following memorandum: Defendant, pro se, moves for reargument of his appeal. Our review of the minutes of the plea colloquy reveals that, although the parties entered into a plea agreement whereby defendant would plead guilty to two counts of attempted sodomy in the first degree and two counts of attempted sodomy in the second degree in satisfaction of a 74-count indictment, the court asked defendant how he pleaded to two counts of attempted sodomy in the second degree. Defendant contends that he was improperly convicted of and sentenced upon two counts of attempted sodomy in the first degree. He asks, therefore, that he be resentenced based on his plea to two counts of attempted sodomy in the second degree.

The matter will be placed on the September term of court for reargument, at which time we will hear oral arguments from defendant’s assigned counsel and the District Attorney. Appellant’s briefs upon reargument shall be filed and served on or before July 2, and respondent’s briefs on or before August 16, 1990. Should defendant wish to file and serve supplemental briefs, he is given permission to do so, but no later than July 30, 1990. Present—Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

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Motion for reargument granted in accordance with the following memorandum: Defendant, pro se, moves for reargument of his appeal. Our review of the minutes of the plea colloquy reveals that, although the parties entered into a plea agreement whereby defendant would plead guilty to two counts of attempted sodomy in the first degree and two counts of attempted sodomy in the second degree in satisfaction of a 74-count indictment, the court asked defendant how he pleaded to two counts of attempted sodomy in the second degree. Defendant contends that he was improperly convicted of and sentenced upon two counts of attempted sodomy in the first degree. He asks, therefore, that he be resentenced based on his plea to two counts of attempted sodomy in the second degree.

The matter will be placed on the September term of court for reargument, at which time we will hear oral arguments from defendant’s assigned counsel and the District Attorney. Appellant’s briefs upon reargument shall be filed and served on or before July 2, and respondent’s briefs on or before August 16, 1990. Should defendant wish to file and serve supplemental briefs, he is given permission to do so, but no later than July 30, 1990. Present—Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

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Bluebook (online)

161 A.D.2d 1211, 558 N.Y.S.2d 874, 1990 N.Y. App. Div. LEXIS 9320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-irwin-nyappdiv-1990.