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People v. Degree [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 847 (N.Y. App. Div. 2000)

Opinion

March 29, 2000.

Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Criminal Possession Controlled Substance, 5th Degree.

PRESENT: PIGOTT, JR., P. J., PINE, WISNER AND SCUDDER, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying the request of defendant for an adjournment for the purpose of submitting a written motion to withdraw his guilty plea. The court offered defendant the opportunity to explain his reasons for seeking to withdraw his plea. Defendant asserted his innocence in a conclusory manner and stated that he pleaded guilty because he feared a greater sentence if convicted after trial; he offered no factual support for the assertion of innocence ( see, People v. Robertson, 255 A.D.2d 968, lv denied 92 N.Y.2d 1053).


Summaries of

People v. Degree [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 847 (N.Y. App. Div. 2000)
Case details for

People v. Degree [4th Dept 2000

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. HOWARD DEGREE…

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

Date published: Mar 29, 2000

Citations

270 A.D.2d 847 (N.Y. App. Div. 2000)
705 N.Y.S.2d 315

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