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

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

DecidedSeptember 30, 1997

StatusPublished

Cited by2 cases

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

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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.

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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.

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Bluebook (online)

242 A.D.2d 860, 665 N.Y.S.2d 949, 1997 N.Y. App. Div. LEXIS 10383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdowell-nyappdiv-1997.

Opinion

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