People v. Pawley

Appellate Division of the Supreme Court of New York

People v. Pawley

32 A.D.3d 740, 821 N.Y.S.2d 79

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

DecidedSeptember 19, 2006

StatusPublished

This text of 32 A.D.3d 740 (People v. Pawley) 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. Pawley, 32 A.D.3d 740, 821 N.Y.S.2d 79 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered December 10, 2003, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously affirmed.

The court properly exercised its discretion in denying [741]*741defendant’s motion to withdraw his plea, after affording him a reasonable opportunity to present his contentions (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary. Defendant’s claim that he pleaded guilty in order to avoid a more severe sentence was not a legal basis for withdrawal of the plea, and defendant’s various other claims were unsupported, as well as being contradicted by the plea allocution record. Concur — Mazzarelli, J.P., Sweeny, Catterson, McGuire and Malone, JJ.

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Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered December 10, 2003, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously affirmed.

The court properly exercised its discretion in denying [741]*741defendant’s motion to withdraw his plea, after affording him a reasonable opportunity to present his contentions (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary. Defendant’s claim that he pleaded guilty in order to avoid a more severe sentence was not a legal basis for withdrawal of the plea, and defendant’s various other claims were unsupported, as well as being contradicted by the plea allocution record. Concur — Mazzarelli, J.P., Sweeny, Catterson, McGuire and Malone, JJ.

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Bluebook (online)

32 A.D.3d 740, 821 N.Y.S.2d 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pawley-nyappdiv-2006.

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