People v. Rickard

Appellate Division of the Supreme Court of New York

People v. Rickard

262 A.D.2d 1073, 691 N.Y.S.2d 811

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

DecidedJune 18, 1999

DocketAppeal No. 1

StatusPublished

Cited by11 cases

This text of 262 A.D.2d 1073 (People v. Rickard) 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. Rickard, 262 A.D.2d 1073, 691 N.Y.S.2d 811 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw his guilty plea. The allegations of defendant that the plea was coerced, that defendant did not understand the consequences of the plea, that he was denied effective assistance of counsel and that he was innocent were belied by his statements during the plea colloquy (see, People v Miller, 252 AD2d 984, lv denied 92 NY2d 984; People v Witcher, 222 AD2d 1016, lv denied 87 NY2d 1027; People v Rodriguez, 126 AD2d 580, lv denied 69 NY2d 954). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Sexual Abuse, 1st Degree.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw his guilty plea. The allegations of defendant that the plea was coerced, that defendant did not understand the consequences of the plea, that he was denied effective assistance of counsel and that he was innocent were belied by his statements during the plea colloquy (see, People v Miller, 252 AD2d 984, lv denied 92 NY2d 984; People v Witcher, 222 AD2d 1016, lv denied 87 NY2d 1027; People v Rodriguez, 126 AD2d 580, lv denied 69 NY2d 954). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Sexual Abuse, 1st Degree.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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262 A.D.2d 1073, 691 N.Y.S.2d 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rickard-nyappdiv-1999.

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