People v. McDowell

Appellate Division of the Supreme Court of New York

People v. McDowell

242 A.D.2d 860, 665 N.Y.S.2d 949, 1997 N.Y. App. Div. LEXIS 10383

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1997·Published·Cited by 2 cases

Opinion

Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see, CPL 220.60 [3]; People v Hamilton, 192 AD2d 738, 740), which was entered at trial while the jury was deliberating. “The record reveals that the plea was knowing and voluntary and was made without protestation of innocence” (People v Collins, 186 AD2d 298). We reject the contention of defendant that he was deprived of effective assistance of counsel on his motion to withdraw the plea. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Rape, 1st Degree.) Present—Denman, P. J., Pine, Balio, Boehm and Fallon, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see, CPL 220.60 [3]; People v Hamilton, 192 AD2d 738, 740), which was entered at trial while the jury was deliberating. “The record reveals that the plea was knowing and voluntary and was made without protestation of innocence” (People v Collins, 186 AD2d 298). We reject the contention of defendant that he was deprived of effective assistance of counsel on his motion to withdraw the plea. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Rape, 1st Degree.) Present—Denman, P. J., Pine, Balio, Boehm and Fallon, JJ.

People v. McDowell, 242 A.D.2d 860, 665 N.Y.S.2d 949, 1997 N.Y. App. Div. LEXIS 10383 (N.Y. Ct. App. 1997).

Pincite

242 A.D.2d 860 (People v. McDowell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related