People v. McClendon

Appellate Division of the Supreme Court of New York

People v. McClendon

114 A.D.2d 425, 494 N.Y.S.2d 141, 1985 N.Y. App. Div. LEXIS 53112

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

DecidedOctober 15, 1985

StatusPublished

Cited by3 cases

This text of 114 A.D.2d 425 (People v. McClendon) 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. McClendon, 114 A.D.2d 425, 494 N.Y.S.2d 141, 1985 N.Y. App. Div. LEXIS 53112 (N.Y. Ct. App. 1985).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered February 16, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

At the time of sentencing defendant sought to withdraw his plea, making a conclusory allegation that it had been the product of coercion. In view of the complete allocution of defendant’s guilty plea before the same Judge, and the fact that defendant made no showing in support of his conclusory assertion, Criminal Term properly proceeded to impose sentence without making further inquiry (see, People v Brown, 110 AD2d 902). Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered February 16, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

At the time of sentencing defendant sought to withdraw his plea, making a conclusory allegation that it had been the product of coercion. In view of the complete allocution of defendant’s guilty plea before the same Judge, and the fact that defendant made no showing in support of his conclusory assertion, Criminal Term properly proceeded to impose sentence without making further inquiry (see, People v Brown, 110 AD2d 902). Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

114 A.D.2d 425, 494 N.Y.S.2d 141, 1985 N.Y. App. Div. LEXIS 53112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcclendon-nyappdiv-1985.

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