From Casetext: Smarter Legal Research

People v. Latham

Appellate Division of the Supreme Court of New York, Third Department
Apr 16, 1998
249 A.D.2d 693 (N.Y. App. Div. 1998)

Opinion

April 16, 1998

Appeal from the County Court of Rensselaer County (McGrath, J.).


When this matter previously was before us, we determined that defendant's 1990 plea allocution to attempted murder in the second degree could not subsequently be used in a murder trial arising out of the same transaction ( 234 A.D.2d 864). The Court of Appeals reversed that determination ( 90 N.Y.2d 795) and remitted the case to us pursuant to CPL 470.40 (2) (b). Inasmuch as the sole issue raised by defendant on the prior appeal related to the plea allocution, we now affirm.

Mikoll, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Latham

Appellate Division of the Supreme Court of New York, Third Department
Apr 16, 1998
249 A.D.2d 693 (N.Y. App. Div. 1998)
Case details for

People v. Latham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD LATHAM…

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

Date published: Apr 16, 1998

Citations

249 A.D.2d 693 (N.Y. App. Div. 1998)
670 N.Y.S.2d 373

Citing Cases

Latham v. New York State Department of Correctional Services

Petitioner was received by respondent Department of Correctional Services (hereinafter DOCS) on February 1,…