People v. Montanez

Appellate Division of the Supreme Court of New York

People v. Montanez

174 A.D.2d 508, 571 N.Y.S.2d 285, 1991 N.Y. App. Div. LEXIS 9410

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

DecidedJune 20, 1991

StatusPublished

This text of 174 A.D.2d 508 (People v. Montanez) 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. Montanez, 174 A.D.2d 508, 571 N.Y.S.2d 285, 1991 N.Y. App. Div. LEXIS 9410 (N.Y. Ct. App. 1991).

Pincite

Opinion

—Judgment, Supreme Court, New York County (James Leff, J.), rendered on June 28, 1989, convicting defendant, on his plea of guilty, of robbery in the second degree, and sentencing him to a term of imprisonment of from 8 years to life, unanimously affirmed.

Having pleaded guilty to robbing a man on a subway, defendant requested at sentencing that his plea be withdrawn and that new counsel be provided. The trial court was within its discretion in refusing to vacate the plea, as no cognizable ground to withdraw the plea, which was knowing and voluntary, had been advanced. (People v Stubbs, 110 AD2d 725, 727-728.) It was not necessary for the court to inquire into the validity of a prior conviction which had already served as a basis for an enhanced punishment, from which no appeal had been taken. Concur—Sullivan, J. P., Milonas, Ross, Kassal and Rubin, JJ.

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

—Judgment, Supreme Court, New York County (James Leff, J.), rendered on June 28, 1989, convicting defendant, on his plea of guilty, of robbery in the second degree, and sentencing him to a term of imprisonment of from 8 years to life, unanimously affirmed.

Having pleaded guilty to robbing a man on a subway, defendant requested at sentencing that his plea be withdrawn and that new counsel be provided. The trial court was within its discretion in refusing to vacate the plea, as no cognizable ground to withdraw the plea, which was knowing and voluntary, had been advanced. (People v Stubbs, 110 AD2d 725, 727-728.) It was not necessary for the court to inquire into the validity of a prior conviction which had already served as a basis for an enhanced punishment, from which no appeal had been taken. Concur—Sullivan, J. P., Milonas, Ross, Kassal and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

174 A.D.2d 508, 571 N.Y.S.2d 285, 1991 N.Y. App. Div. LEXIS 9410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montanez-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack