People v. Joyner

Appellate Division of the Supreme Court of New York

People v. Joyner

226 A.D.2d 1125, 642 N.Y.S.2d 136, 1996 N.Y. App. Div. LEXIS 5657

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

DecidedApril 19, 1996

StatusPublished

This text of 226 A.D.2d 1125 (People v. Joyner) 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. Joyner, 226 A.D.2d 1125, 642 N.Y.S.2d 136, 1996 N.Y. App. Div. LEXIS 5657 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously affirmed. Memorandum: "Permission to withdraw a guilty plea is a decision that rests within the sound discretion of the court” (People v Murray, 207 AD2d 999, 999-1000, lv denied 84 NY2d 1014). County Court did not abuse its discretion in denying defendant’s motion to withdraw the plea. At the plea allocution, defendant knowingly waived a possible intoxication defense (see, People v Allen, 216 AD2d 951, lv denied 87 NY2d 843) and "detailed his commission of the crime without apparent hesitation and without protestations of innocence” (People v Lynch, 156 AD2d 884, 885, lv denied 75 NY2d 921). The court also properly exercised its discretion in denying defense counsel’s request to postpone sentencing for the purpose of obtaining defendant’s medical records (see, People v Santos, 109 AD2d 901, lv denied 66 NY2d 922). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Cayuga County Court, Corning, J.—Robbery, 3rd Degree.) Present—Green, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: "Permission to withdraw a guilty plea is a decision that rests within the sound discretion of the court” (People v Murray, 207 AD2d 999, 999-1000, lv denied 84 NY2d 1014). County Court did not abuse its discretion in denying defendant’s motion to withdraw the plea. At the plea allocution, defendant knowingly waived a possible intoxication defense (see, People v Allen, 216 AD2d 951, lv denied 87 NY2d 843) and "detailed his commission of the crime without apparent hesitation and without protestations of innocence” (People v Lynch, 156 AD2d 884, 885, lv denied 75 NY2d 921). The court also properly exercised its discretion in denying defense counsel’s request to postpone sentencing for the purpose of obtaining defendant’s medical records (see, People v Santos, 109 AD2d 901, lv denied 66 NY2d 922). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Cayuga County Court, Corning, J.—Robbery, 3rd Degree.) Present—Green, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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Bluebook (online)

226 A.D.2d 1125, 642 N.Y.S.2d 136, 1996 N.Y. App. Div. LEXIS 5657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-joyner-nyappdiv-1996.

Opinion

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