People v. Napoleon

Appellate Division of the Supreme Court of New York

People v. Napoleon

139 A.D.2d 535, 526 N.Y.S.2d 795, 1988 N.Y. App. Div. LEXIS 3644

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

DecidedApril 4, 1988

StatusPublished

This text of 139 A.D.2d 535 (People v. Napoleon) 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. Napoleon, 139 A.D.2d 535, 526 N.Y.S.2d 795, 1988 N.Y. App. Div. LEXIS 3644 (N.Y. Ct. App. 1988).

Pincite

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Quinones, [536]*536J.), rendered April 23, 1986, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although given the opportunity to do so, the defendant did not provide the court with any valid basis upon which to permit him to withdraw his plea (see, e.g., People v Tinsley, 35 NY2d 926; People v Pearson, 131 AD2d 514, lv denied 70 NY2d 754). The defendant’s conclusory assertions of innocence and his unsubstantiated claim that he was pressured into pleading guilty are contrary to his plea allocution and did not warrant the granting of his motion to withdraw his plea (see, e.g., People v Braun, 133 AD2d 702; People v Frazier, 132 AD2d 617, lv denied 70 NY2d 711; People v Suba, 130 AD2d 526, 527). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.

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

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Quinones, [536]*536J.), rendered April 23, 1986, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although given the opportunity to do so, the defendant did not provide the court with any valid basis upon which to permit him to withdraw his plea (see, e.g., People v Tinsley, 35 NY2d 926; People v Pearson, 131 AD2d 514, lv denied 70 NY2d 754). The defendant’s conclusory assertions of innocence and his unsubstantiated claim that he was pressured into pleading guilty are contrary to his plea allocution and did not warrant the granting of his motion to withdraw his plea (see, e.g., People v Braun, 133 AD2d 702; People v Frazier, 132 AD2d 617, lv denied 70 NY2d 711; People v Suba, 130 AD2d 526, 527). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

139 A.D.2d 535, 526 N.Y.S.2d 795, 1988 N.Y. App. Div. LEXIS 3644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-napoleon-nyappdiv-1988.

Opinion

Related

Cite This Page — Counsel Stack