People v. Midgette

Appellate Division of the Supreme Court of New York

People v. Midgette

254 A.D.2d 215, 679 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 11364

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

DecidedOctober 27, 1998

StatusPublished

This text of 254 A.D.2d 215 (People v. Midgette) 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. Midgette, 254 A.D.2d 215, 679 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 11364 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered April 2, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

Defendant’s claim that a hearing should have been held on his application to withdraw his plea is unpreserved and we decline to review it in the interest of justice (People v Vasquez, 242 AD2d 452). Were we to review it, we would find that, after sufficient inquiry, the court properly exercised its discretion when it denied the application to withdraw the plea made on the basis of the codefendant’s belated efforts to exculpate defendant, amounting to nothing more than a recantation of the codefendant’s own plea allocution (People v Brown, 126 AD2d 898, 899-900, lv denied 70 NY2d 703). Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered April 2, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

Defendant’s claim that a hearing should have been held on his application to withdraw his plea is unpreserved and we decline to review it in the interest of justice (People v Vasquez, 242 AD2d 452). Were we to review it, we would find that, after sufficient inquiry, the court properly exercised its discretion when it denied the application to withdraw the plea made on the basis of the codefendant’s belated efforts to exculpate defendant, amounting to nothing more than a recantation of the codefendant’s own plea allocution (People v Brown, 126 AD2d 898, 899-900, lv denied 70 NY2d 703). Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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Bluebook (online)

254 A.D.2d 215, 679 N.Y.S.2d 574, 1998 N.Y. App. Div. LEXIS 11364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-midgette-nyappdiv-1998.

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