People v. Williams

Appellate Division of the Supreme Court of New York

People v. Williams

107 A.D.2d 1046, 486 N.Y.S.2d 101, 1985 N.Y. App. Div. LEXIS 42862

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

DecidedJanuary 29, 1985

StatusPublished

This text of 107 A.D.2d 1046 (People v. Williams) 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. Williams, 107 A.D.2d 1046, 486 N.Y.S.2d 101, 1985 N.Y. App. Div. LEXIS 42862 (N.Y. Ct. App. 1985).

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Opinion

— Judgment unanimously affirmed. Memorandum: Defendant challenges his sentence as a second felony offender based on a claim that, at the time of his guilty plea to the predicate felony, there was no plea allocution. The trial court properly denied his motion to dismiss the second felony offender statement without a hearing, since no claim was raised of any constitutional infirmity in the prior plea and no suggestion was made that his guilty plea was “improvident or baseless” (see People v Grimes, 94 AD2d 957; People v Perkins, 89 AD2d 956). (Appeal from judgment of Monroe County Court, Barr, J. — forgery, second degree.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant challenges his sentence as a second felony offender based on a claim that, at the time of his guilty plea to the predicate felony, there was no plea allocution. The trial court properly denied his motion to dismiss the second felony offender statement without a hearing, since no claim was raised of any constitutional infirmity in the prior plea and no suggestion was made that his guilty plea was “improvident or baseless” (see People v Grimes, 94 AD2d 957; People v Perkins, 89 AD2d 956). (Appeal from judgment of Monroe County Court, Barr, J. — forgery, second degree.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Bluebook (online)

107 A.D.2d 1046, 486 N.Y.S.2d 101, 1985 N.Y. App. Div. LEXIS 42862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-nyappdiv-1985.

Opinion

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