People v. Rodwell

Appellate Division of the Supreme Court of New York

People v. Rodwell

267 A.D.2d 186, 700 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 13392

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

DecidedDecember 28, 1999

StatusPublished

This text of 267 A.D.2d 186 (People v. Rodwell) 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. Rodwell, 267 A.D.2d 186, 700 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 13392 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 15, 1996, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Nothing in defendant’s plea allocution cast doubt on his guilt (see, People v Toxey, 86 NY2d 725; People v Emanuel, 179 AD2d 356, lv denied 79 NY2d 947), and we find the plea to be intelligently and voluntarily made. Were we to treat defendant’s comments at sentencing as a motion to withdraw his plea on grounds of innocence and duress, we would find that the court properly denied the motion without a hearing because defendant’s claims were conclusory and contradicted by the record of the plea. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 15, 1996, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Nothing in defendant’s plea allocution cast doubt on his guilt (see, People v Toxey, 86 NY2d 725; People v Emanuel, 179 AD2d 356, lv denied 79 NY2d 947), and we find the plea to be intelligently and voluntarily made. Were we to treat defendant’s comments at sentencing as a motion to withdraw his plea on grounds of innocence and duress, we would find that the court properly denied the motion without a hearing because defendant’s claims were conclusory and contradicted by the record of the plea. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 186, 700 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 13392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodwell-nyappdiv-1999.

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