People v. Seminara

Appellate Division of the Supreme Court of New York

People v. Seminara

209 A.D.2d 795, 618 N.Y.S.2d 593, 1994 N.Y. App. Div. LEXIS 11099

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 795 (People v. Seminara) 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. Seminara, 209 A.D.2d 795, 618 N.Y.S.2d 593, 1994 N.Y. App. Div. LEXIS 11099 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered September 30, 1993, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

We reject defendant’s claim that County Court abused its discretion by denying defendant’s motion to withdraw his negotiated plea of guilty of the crime of burglary in the second degree. Our review of the record indicates that defendant’s plea was entered in a knowing and voluntary fashion. With respect to his motion to withdraw, defendant was given a sufficient opportunity to advance his arguments in support of the motion. Under the circumstances, we find no reason to disturb the rulings of County Court.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered September 30, 1993, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

We reject defendant’s claim that County Court abused its discretion by denying defendant’s motion to withdraw his negotiated plea of guilty of the crime of burglary in the second degree. Our review of the record indicates that defendant’s plea was entered in a knowing and voluntary fashion. With respect to his motion to withdraw, defendant was given a sufficient opportunity to advance his arguments in support of the motion. Under the circumstances, we find no reason to disturb the rulings of County Court.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

209 A.D.2d 795, 618 N.Y.S.2d 593, 1994 N.Y. App. Div. LEXIS 11099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seminara-nyappdiv-1994.