People v. Smith

Appellate Division of the Supreme Court of New York

People v. Smith

189 A.D.2d 579, 592 N.Y.S.2d 591, 1993 N.Y. App. Div. LEXIS 53

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

DecidedJanuary 7, 1993

StatusPublished

This text of 189 A.D.2d 579 (People v. Smith) 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. Smith, 189 A.D.2d 579, 592 N.Y.S.2d 591, 1993 N.Y. App. Div. LEXIS 53 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Robert Haft, J., at plea; Peter McQuillan, J., at sentence), rendered September 14, 1988, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree, and sentencing him to concurrent terms of 4 to 12 years, unanimously affirmed.

The motion to withdraw the plea was properly denied by the sentencing court, it having been demonstrated that the plea was voluntarily and knowingly given (see, People v Cummings, 106 AD2d 294). At the time of the plea, defendant acknowledged that he understood the rights he was waiving, and his answers to questions concerning the substantive elements of the crime to which he was pleading guilty were unhesitant and unequivocal. As in People v Dixon (29 NY2d 55), the defendant clearly stated his guilt at the original allocution, and offered only unsupported allegations that were properly subject to the court’s credibility determinations. Concur—Murphy, P. J., Carro, Rosenberger, Ross and Asch, JJ.

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Judgment, Supreme Court, New York County (Robert Haft, J., at plea; Peter McQuillan, J., at sentence), rendered September 14, 1988, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree, and sentencing him to concurrent terms of 4 to 12 years, unanimously affirmed.

The motion to withdraw the plea was properly denied by the sentencing court, it having been demonstrated that the plea was voluntarily and knowingly given (see, People v Cummings, 106 AD2d 294). At the time of the plea, defendant acknowledged that he understood the rights he was waiving, and his answers to questions concerning the substantive elements of the crime to which he was pleading guilty were unhesitant and unequivocal. As in People v Dixon (29 NY2d 55), the defendant clearly stated his guilt at the original allocution, and offered only unsupported allegations that were properly subject to the court’s credibility determinations. Concur—Murphy, P. J., Carro, Rosenberger, Ross and Asch, JJ.

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Bluebook (online)

189 A.D.2d 579, 592 N.Y.S.2d 591, 1993 N.Y. App. Div. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-nyappdiv-1993.

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