People v. Kelly

Appellate Division of the Supreme Court of New York

People v. Kelly

117 A.D.2d 680, 498 N.Y.S.2d 418, 1986 N.Y. App. Div. LEXIS 52955

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

DecidedFebruary 10, 1986

StatusPublished

Cited by1 cases

This text of 117 A.D.2d 680 (People v. Kelly) 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. Kelly, 117 A.D.2d 680, 498 N.Y.S.2d 418, 1986 N.Y. App. Div. LEXIS 52955 (N.Y. Ct. App. 1986).

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Opinion

—Appeal by defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.), both rendered January 6, 1984, convicting him of burglary in the second degree under indictment No. 2668/83, and rape in the third degree under Superior Court information No. W-2607/83 upon his pleas of guilty, and imposing sentences.

Judgments affirmed.

Defendant’s motion to withdraw his guilty plea to burglary in the second degree on the ground of double jeopardy was properly denied (see, People v Prescott, 66 NY2d 216; People v Harris, 119 Misc 2d 172; People v Fletcher, 113 Misc 2d 5). Defendant’s claim concerning an alleged misrepresentation made by his counsel at the time of the hearing on the motion to withdraw the plea is not supported by the record (cf. People v Ramos, 63 NY2d 640). Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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—Appeal by defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.), both rendered January 6, 1984, convicting him of burglary in the second degree under indictment No. 2668/83, and rape in the third degree under Superior Court information No. W-2607/83 upon his pleas of guilty, and imposing sentences.

Judgments affirmed.

Defendant’s motion to withdraw his guilty plea to burglary in the second degree on the ground of double jeopardy was properly denied (see, People v Prescott, 66 NY2d 216; People v Harris, 119 Misc 2d 172; People v Fletcher, 113 Misc 2d 5). Defendant’s claim concerning an alleged misrepresentation made by his counsel at the time of the hearing on the motion to withdraw the plea is not supported by the record (cf. People v Ramos, 63 NY2d 640). Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

117 A.D.2d 680, 498 N.Y.S.2d 418, 1986 N.Y. App. Div. LEXIS 52955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-1986.

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