From Casetext: Smarter Legal Research

People v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 272 (N.Y. App. Div. 1991)

Opinion

July 22, 1991

Appeal from the Supreme Court, Westchester County (Cowhey, J.).


Ordered that the appeal is dismissed.

As part of his plea bargain, the defendant knowingly and voluntarily waived his right to appeal his conviction and also withdrew any and all motions, whether pending or decided. Accordingly, the appeal is dismissed (see, People v Seaberg, 74 N.Y.2d 1; People v Middleton, 163 A.D.2d 615; People v Barnwell, 161 A.D.2d 771).

In any event, contrary to the defendant's argument, the court did not err in denying his pro se motion to withdraw his guilty plea. The court had the benefit of the defendant's motion papers, and the record indicates that the defendant was afforded a more than ample opportunity to substantiate his assertions prior to sentencing (see, People v Rodriguez, 150 A.D.2d 812; People v Brown, 142 A.D.2d 683). Neither the defendant's bare assertions of innocence nor his meritless claim of ineffective assistance of counsel was sufficient to justify setting aside the guilty plea. Moreover, the record also shows that the defendant knowingly and voluntarily made a complete and detailed plea allocution in the presence of competent counsel — with whom the defendant had expressed satisfaction at the time of the plea — after the court had fully apprised the defendant of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9). Thompson, J.P., Bracken, Harwood and Balletta, JJ., concur.


Summaries of

People v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 272 (N.Y. App. Div. 1991)
Case details for

People v. Stephens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELIUS STEPHENS…

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

Date published: Jul 22, 1991

Citations

175 A.D.2d 272 (N.Y. App. Div. 1991)
572 N.Y.S.2d 725

Citing Cases

State v. Ford

The right of a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of…

People v. Villalona

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