People v. Moloney

Appellate Division of the Supreme Court of New York

People v. Moloney

216 A.D.2d 163, 628 N.Y.S.2d 1010, 1995 N.Y. App. Div. LEXIS 6582

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

DecidedJune 22, 1995

StatusPublished

Cited by1 cases

This text of 216 A.D.2d 163 (People v. Moloney) 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. Moloney, 216 A.D.2d 163, 628 N.Y.S.2d 1010, 1995 N.Y. App. Div. LEXIS 6582 (N.Y. Ct. App. 1995).

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Opinion

Judgment, [164]*164Supreme Court, New York County (Rena Uviller, J.), rendered July 8, 1993, convicting defendant, upon his plea of guilty, of burglary in the first degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 9 to 18 and 7x/2 to 15 years, respectively, unanimously affirmed.

The court properly exercised its discretion in accepting defendant’s plea of guilty, and in subsequently denying his motion to withdraw it, where defendant’s protestations of innocence were conclusory and contradicted by his explicit admissions of guilt, there is no support in the record for defendant’s claim that the plea was coerced and it is clear that the plea was knowing, intelligent and voluntary (see, People v Lawton, 203 AD2d 141, lv denied 84 NY2d 869; People v Lopez, 209 AD2d 545).

We have considered defendant’s other claims and find them to be without merit. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, [164]*164Supreme Court, New York County (Rena Uviller, J.), rendered July 8, 1993, convicting defendant, upon his plea of guilty, of burglary in the first degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 9 to 18 and 7x/2 to 15 years, respectively, unanimously affirmed.

The court properly exercised its discretion in accepting defendant’s plea of guilty, and in subsequently denying his motion to withdraw it, where defendant’s protestations of innocence were conclusory and contradicted by his explicit admissions of guilt, there is no support in the record for defendant’s claim that the plea was coerced and it is clear that the plea was knowing, intelligent and voluntary (see, People v Lawton, 203 AD2d 141, lv denied 84 NY2d 869; People v Lopez, 209 AD2d 545).

We have considered defendant’s other claims and find them to be without merit. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

216 A.D.2d 163, 628 N.Y.S.2d 1010, 1995 N.Y. App. Div. LEXIS 6582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moloney-nyappdiv-1995.

Opinion

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