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People v. Baldwin

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 497 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the County Court, Orange County (Patsalos, J.).


Ordered that the judgment is affirmed.

The defendant's guilty plea was knowingly, voluntarily and intelligently entered, and we find no basis in the record for disturbing it (see, People v. Harris, 61 N.Y.2d 9). Further, the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, since that motion was predicated on nothing more than belated protestations of innocence (see, People v. Sobchik, 108 A.D.2d 764). Also, the defendant's plea "renders irrelevant his contention that the criminal proceedings preliminary to trial were infected with impropriety and error" (People v. Di Raffaele, 55 N.Y.2d 234, 240). In particular, the defendant's contentions as to the sufficiency of the evidence before the Grand Jury were waived by his guilty plea (see, People v. Dunbar, 53 N.Y.2d 868, 871).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Baldwin

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 497 (N.Y. App. Div. 1987)
Case details for

People v. Baldwin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN W. BALDWIN, JR.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 4, 1987

Citations

130 A.D.2d 497 (N.Y. App. Div. 1987)

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