People v. Terry

Appellate Division of the Supreme Court of New York

People v. Terry

42 A.D.2d 974, 348 N.Y.S.2d 544, 1973 N.Y. App. Div. LEXIS 3445

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

DecidedOctober 15, 1973

StatusPublished

This text of 42 A.D.2d 974 (People v. Terry) 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. Terry, 42 A.D.2d 974, 348 N.Y.S.2d 544, 1973 N.Y. App. Div. LEXIS 3445 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant from three separate judgments of the Supreme Court, Queens County, all rendered May 19, 1972, two of which convicted him of robbery in the second degree and the third of robbery in the third degree, upon guilty pleas, and imposing concurrent sentences. Judgments reversed, on the law and in the exercise of discretion, and cases remanded to the Criminal Term for the purpose of (a) holding a .hearing upon defendant’s application to withdraw his pleas of guilty and (q) making a determination thereon de nova. Under the facts and circumstances of this case and in light of the recent decision in People v. McClain (32 N Y 2d 697), we feel it was an abuse of discretion to deny defendant’s application to withdraw his pleas of guilty without a hearing. Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, ,JJ., concur.

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Appeal by defendant from three separate judgments of the Supreme Court, Queens County, all rendered May 19, 1972, two of which convicted him of robbery in the second degree and the third of robbery in the third degree, upon guilty pleas, and imposing concurrent sentences. Judgments reversed, on the law and in the exercise of discretion, and cases remanded to the Criminal Term for the purpose of (a) holding a .hearing upon defendant’s application to withdraw his pleas of guilty and (q) making a determination thereon de nova. Under the facts and circumstances of this case and in light of the recent decision in People v. McClain (32 N Y 2d 697), we feel it was an abuse of discretion to deny defendant’s application to withdraw his pleas of guilty without a hearing. Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, ,JJ., concur.

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Bluebook (online)

42 A.D.2d 974, 348 N.Y.S.2d 544, 1973 N.Y. App. Div. LEXIS 3445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-terry-nyappdiv-1973.