People v. Johnston

Appellate Division of the Supreme Court of New York

People v. Johnston

44 A.D.2d 561, 353 N.Y.S.2d 933, 1974 N.Y. App. Div. LEXIS 5582

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

DecidedMarch 4, 1974

StatusPublished

This text of 44 A.D.2d 561 (People v. Johnston) 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. Johnston, 44 A.D.2d 561, 353 N.Y.S.2d 933, 1974 N.Y. App. Div. LEXIS 5582 (N.Y. Ct. App. 1974).

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Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered June 6, 1973 on resentence, affirmed. No opinion. Martuseello, Acting P. J., Christ, Benjamin and Munder, JJ., concur; Shapiro, J., dissents and votes to remand the case to the trial court for a hearing, with the following memorandum: I -can understand the sentencing court’s reluctance to give this defendant another “ crack ” at the case in view of his clear guilt, evidenced by his prior admission. However, when brought before the court for resentence, defendant made clear that he was dissatisfied with his lawyer because she had lied to him, by promising him a lighter sentence, and that he claimed he was not guilty. At this point the sentencing court could not properly summarily express its disbelief of defendant and proceed to sentence him. Under the circumstances, the court should have conducted a hearing on the issue of the withdrawal of the guilty plea (People v. McClain, 32 N Y 2d 697).

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered June 6, 1973 on resentence, affirmed. No opinion. Martuseello, Acting P. J., Christ, Benjamin and Munder, JJ., concur; Shapiro, J., dissents and votes to remand the case to the trial court for a hearing, with the following memorandum: I -can understand the sentencing court’s reluctance to give this defendant another “ crack ” at the case in view of his clear guilt, evidenced by his prior admission. However, when brought before the court for resentence, defendant made clear that he was dissatisfied with his lawyer because she had lied to him, by promising him a lighter sentence, and that he claimed he was not guilty. At this point the sentencing court could not properly summarily express its disbelief of defendant and proceed to sentence him. Under the circumstances, the court should have conducted a hearing on the issue of the withdrawal of the guilty plea (People v. McClain, 32 N Y 2d 697).

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Bluebook (online)

44 A.D.2d 561, 353 N.Y.S.2d 933, 1974 N.Y. App. Div. LEXIS 5582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnston-nyappdiv-1974.