People v. Tillinghast

Appellate Division of the Supreme Court of New York

People v. Tillinghast

172 A.D.2d 1053, 571 N.Y.S.2d 409, 1991 N.Y. App. Div. LEXIS 6324

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

DecidedApril 26, 1991

StatusPublished

This text of 172 A.D.2d 1053 (People v. Tillinghast) 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. Tillinghast, 172 A.D.2d 1053, 571 N.Y.S.2d 409, 1991 N.Y. App. Div. LEXIS 6324 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment unanimously reversed on the law, plea vacated and matter remitted to Livingston County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant’s application to withdraw his guilty plea was summarily denied by the court. It was error for the court to deny defendant’s motion without affording him an opportunity to state his reasons (see, People v Tinsley, 35 NY2d 926, 927; People v Carter, 144 AD2d 1034). Because the error mandates reversal of the judgment, we find it unnecessary to decide the other issue raised by defendant. (Appeal from Judgment of Livingston County Court, Cicoria, J.—Escape, 1st Degree.) Present—Callahan, J. P., Doerr, Green, Balio and Lowery, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously reversed on the law, plea vacated and matter remitted to Livingston County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant’s application to withdraw his guilty plea was summarily denied by the court. It was error for the court to deny defendant’s motion without affording him an opportunity to state his reasons (see, People v Tinsley, 35 NY2d 926, 927; People v Carter, 144 AD2d 1034). Because the error mandates reversal of the judgment, we find it unnecessary to decide the other issue raised by defendant. (Appeal from Judgment of Livingston County Court, Cicoria, J.—Escape, 1st Degree.) Present—Callahan, J. P., Doerr, Green, Balio and Lowery, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

172 A.D.2d 1053, 571 N.Y.S.2d 409, 1991 N.Y. App. Div. LEXIS 6324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tillinghast-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack