People v. Swain

Appellate Division of the Supreme Court of New York

People v. Swain

226 A.D.2d 405, 640 N.Y.S.2d 773, 1996 N.Y. App. Div. LEXIS 3374

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

DecidedApril 1, 1996

StatusPublished

This text of 226 A.D.2d 405 (People v. Swain) 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. Swain, 226 A.D.2d 405, 640 N.Y.S.2d 773, 1996 N.Y. App. Div. LEXIS 3374 (N.Y. Ct. App. 1996).

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Opinion

Appeal by the defendant from a judgment of the County Court," Westchester County (Angiolillo, J.), rendered March 13, 1995, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without first conducting a fur[406]*406ther inquiry, since the defendant’s motion was based upon an unsubstantiated assertion of innocence (see, People v Billings, 208 AD2d 941; People v Ladelokun, 192 AD2d 723; People v Smith, 157 AD2d 871). Additionally, the court properly concluded that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently (see, People v Harris, 61 NY2d 9). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court," Westchester County (Angiolillo, J.), rendered March 13, 1995, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without first conducting a fur[406]*406ther inquiry, since the defendant’s motion was based upon an unsubstantiated assertion of innocence (see, People v Billings, 208 AD2d 941; People v Ladelokun, 192 AD2d 723; People v Smith, 157 AD2d 871). Additionally, the court properly concluded that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently (see, People v Harris, 61 NY2d 9). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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Bluebook (online)

226 A.D.2d 405, 640 N.Y.S.2d 773, 1996 N.Y. App. Div. LEXIS 3374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-swain-nyappdiv-1996.

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