People v. Sass

Appellate Division of the Supreme Court of New York

People v. Sass

49 A.D.3d 287, 853 N.Y.2d 44

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

DecidedMarch 4, 2008

StatusPublished

This text of 49 A.D.3d 287 (People v. Sass) 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. Sass, 49 A.D.3d 287, 853 N.Y.2d 44 (N.Y. Ct. App. 2008).

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Opinion

The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs at the time of the plea was contradicted by his allocution, in which he expressly disclaimed any such influence, and by the court’s own recollection of defendant’s demeanor and responses (see People v Bess, 299 AD2d 263 [2002], lv denied 99 NY2d 580 [2003]; People v Clarke, 251 AD2d 7 [1998]). Concur-Nardelli, J.P., Williams, Sweeny and Catterson, JJ.

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The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs at the time of the plea was contradicted by his allocution, in which he expressly disclaimed any such influence, and by the court’s own recollection of defendant’s demeanor and responses (see People v Bess, 299 AD2d 263 [2002], lv denied 99 NY2d 580 [2003]; People v Clarke, 251 AD2d 7 [1998]). Concur-Nardelli, J.P., Williams, Sweeny and Catterson, JJ.

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Bluebook (online)

49 A.D.3d 287, 853 N.Y.2d 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sass-nyappdiv-2008.

Opinion

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