From Casetext: Smarter Legal Research

People v. Treadwell

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 329 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Jefferson County Court, Aylward, J.

Present — Hancock, Jr., J.P., Callahan, Denman, Green and O'Donnell, JJ.


Judgment unanimously affirmed. Memorandum: After an extensive Huntley hearing, the court rejected defendant's testimony and found that defendant had been fully advised of his rights and he had knowingly, intelligently and voluntarily given the statement. Much weight must be given to the determinations of the suppression court on questions pertaining to the credibility of witnesses (see, People v Prochilo, 41 N.Y.2d 759, 761). On our review of the record we conclude that the findings are supported by the evidence.

There is no merit to defendant's contention concerning his plea of guilty to perjury, first degree. He was represented by counsel. There is no showing that the plea was not knowingly, intelligently and voluntarily made. Moreover, defendant never moved to withdraw the plea or vacate the conviction (see, People v Pellegrino, 60 N.Y.2d 636). We find no basis for modifying the sentence.


Summaries of

People v. Treadwell

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 329 (N.Y. App. Div. 1985)
Case details for

People v. Treadwell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE ARTHUR…

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 329 (N.Y. App. Div. 1985)

Citing Cases

People v. Zerbst

County Court, being presented with a conflict in testimony, resolved the issue of credibility against…

People v. Williams

Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress…