People v. Murray

Appellate Division of the Supreme Court of New York

People v. Murray

258 A.D.2d 438, 684 N.Y.S.2d 512

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

DecidedJanuary 12, 1999

StatusPublished

This text of 258 A.D.2d 438 (People v. Murray) 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. Murray, 258 A.D.2d 438, 684 N.Y.S.2d 512 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 27, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

There was no violation of defendant’s right to counsel at the court-ordered lineup since the Legal Aid Society was duly notified and an attorney was provided. Defendant’s claim that he requested the presence of the attorney representing him in a pending, unrelated Westchester County matter is unsupported by the record and the People were under no obligation to notify that attorney (People v Walker, 216 AD2d 426; cf., People v Coates, 74 NY2d 244, 249).

Defendant’s motion to withdraw his plea was properly denied. The court’s review of defendant’s written motion constituted a sufficient inquiry (People v Swinson, 240 AD2d 299, lv denied 90 NY2d 911). The record of the plea proceedings and the court’s own recollection established that defendant’s plea was voluntarily entered into with a full understanding of the consequences, belying defendant’s unsupported claim that he was under the influence of drugs at the time (see, People v Clarke, 251 AD2d 7). Concur — Sullivan, J. P., Lerner, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 27, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

There was no violation of defendant’s right to counsel at the court-ordered lineup since the Legal Aid Society was duly notified and an attorney was provided. Defendant’s claim that he requested the presence of the attorney representing him in a pending, unrelated Westchester County matter is unsupported by the record and the People were under no obligation to notify that attorney (People v Walker, 216 AD2d 426; cf., People v Coates, 74 NY2d 244, 249).

Defendant’s motion to withdraw his plea was properly denied. The court’s review of defendant’s written motion constituted a sufficient inquiry (People v Swinson, 240 AD2d 299, lv denied 90 NY2d 911). The record of the plea proceedings and the court’s own recollection established that defendant’s plea was voluntarily entered into with a full understanding of the consequences, belying defendant’s unsupported claim that he was under the influence of drugs at the time (see, People v Clarke, 251 AD2d 7). Concur — Sullivan, J. P., Lerner, Mazzarelli and Saxe, JJ.

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Bluebook (online)

258 A.D.2d 438, 684 N.Y.S.2d 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murray-nyappdiv-1999.

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