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People v. Great-House

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 22, 1982
86 A.D.2d 754 (N.Y. App. Div. 1982)

Opinion

January 22, 1982

Appeal from the Seneca County Court, De Pasquale, J.

Present — Simons, J.P., Hancock, Jr., Callahan, Denman and Moule, JJ.


Order unanimously affirmed. Memorandum: The rule that once an accusatory instrument has been filed the defendant cannot waive his constitutional right to counsel save in the presence of counsel, which was announced in People v. Samuels ( 49 N.Y.2d 218), has been held to apply only to cases on direct appeal at the time of that decision ( People v. Pepper, 53 N.Y.2d 213). Inasmuch as defendant's judgment of conviction on his plea of guilty was entered in February, 1977 and he did not pursue an appeal, he may not now invoke the rule of Samuels. "When a defendant admits his guilt and consents to the entry of judgment against him, he does so under the law then existing. Although the defendant would not, we may assume, have pleaded guilty had later decided cases * * * then been the law, he remains bound by his plea and his resulting conviction unless he can show that his plea was not a knowing and intelligent act." ( People v. La Ruffa, 34 N.Y.2d 242, 245-246, cert den 423 U.S. 917.)


Summaries of

People v. Great-House

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 22, 1982
86 A.D.2d 754 (N.Y. App. Div. 1982)
Case details for

People v. Great-House

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE E. GREAT-HOUSE…

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

Date published: Jan 22, 1982

Citations

86 A.D.2d 754 (N.Y. App. Div. 1982)