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People v. Chapnick

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 421 (N.Y. App. Div. 1985)

Opinion

October 15, 1985

Appeal from the County Court, Suffolk County (Seidell, J.).


Judgment affirmed.

A motion made by one who is neither the defendant nor his attorney of record is to be disregarded by the court (Dobbins v County of Erie, 58 A.D.2d 733; see, People v Felder, 47 N.Y.2d 287). Therefore, a motion made in defendant's behalf by a third party for withdrawal of defendant's plea of guilty was properly denied. The failure by the court to conduct an inquiry of defendant before denying the motion did not affect the validity of its order. The purpose of such an inquiry is that of giving defendant a reasonable opportunity to present his contentions. Here, defendant did not make any motion and therefore had no contentions to present (see, People v Tinsley, 35 N.Y.2d 926). Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Chapnick

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 421 (N.Y. App. Div. 1985)
Case details for

People v. Chapnick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CHAPNICK…

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

Date published: Oct 15, 1985

Citations

114 A.D.2d 421 (N.Y. App. Div. 1985)

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