People v. Rugg

Appellate Division of the Supreme Court of New York

People v. Rugg

42 A.D.2d 649, 345 N.Y.S.2d 192, 1973 N.Y. App. Div. LEXIS 4037

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

DecidedJune 27, 1973

StatusPublished

This text of 42 A.D.2d 649 (People v. Rugg) 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. Rugg, 42 A.D.2d 649, 345 N.Y.S.2d 192, 1973 N.Y. App. Div. LEXIS 4037 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from a judgment of the County Court of Albany County, rendered June 5, 1972, convicting defendant, on his plea of guilty, of criminal possession of a forged instrument in the second degree. On December 31, 1971, defendant attempted to pass forged checks in the amounts of $141.15 at the A & P Market, Menands, New York and Shop-Rite Market, Colonie, New York. Subsequent to an arrest and giving of the Miranda warnings, he made oral admissions against his interests. A Huntley hearing was held which resulted l in a denial of a motion to suppress the oral admissions. On April 24, 1972, defendant entered a plea of guilty to one of the indictments in open court in the presence of his counsel who had represented him throughout the entire proceedings. He was subsequently sentenced to an indeterminate sentence with a maximum of three years. At the time of accepting the plea of guilty, the court inquired as to the acts charged in the indictment and informed defendant, of the consequences of his plea of guilty. It is clear the defendant, prior to admitting the acts charged in the indictment, fully understood the nature and consequences of his plea. The acceptance thereof was proper (People V. Bressette, 39 A D 2d 794; People v. Schislcey, 39 A D 2d 608). Judgment affirmed. Greenblott, J. P., Cooke, Kane, Main and Reynolds, JJ., concur.

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Appeal from a judgment of the County Court of Albany County, rendered June 5, 1972, convicting defendant, on his plea of guilty, of criminal possession of a forged instrument in the second degree. On December 31, 1971, defendant attempted to pass forged checks in the amounts of $141.15 at the A & P Market, Menands, New York and Shop-Rite Market, Colonie, New York. Subsequent to an arrest and giving of the Miranda warnings, he made oral admissions against his interests. A Huntley hearing was held which resulted l in a denial of a motion to suppress the oral admissions. On April 24, 1972, defendant entered a plea of guilty to one of the indictments in open court in the presence of his counsel who had represented him throughout the entire proceedings. He was subsequently sentenced to an indeterminate sentence with a maximum of three years. At the time of accepting the plea of guilty, the court inquired as to the acts charged in the indictment and informed defendant, of the consequences of his plea of guilty. It is clear the defendant, prior to admitting the acts charged in the indictment, fully understood the nature and consequences of his plea. The acceptance thereof was proper (People V. Bressette, 39 A D 2d 794; People v. Schislcey, 39 A D 2d 608). Judgment affirmed. Greenblott, J. P., Cooke, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

42 A.D.2d 649, 345 N.Y.S.2d 192, 1973 N.Y. App. Div. LEXIS 4037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rugg-nyappdiv-1973.