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People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1986
117 A.D.2d 680 (N.Y. App. Div. 1986)

Opinion

February 10, 1986

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


Judgments affirmed.

Defendant's motion to withdraw his guilty plea to burglary in the second degree on the ground of double jeopardy was properly denied (see, People v. Prescott, 66 N.Y.2d 216; People v. Harris, 119 Misc.2d 172; People v. Fletcher, 113 Misc.2d 5). Defendant's claim concerning an alleged misrepresentation made by his counsel at the time of the hearing on the motion to withdraw the plea is not supported by the record ( cf. People v. Ramos, 63 N.Y.2d 640). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1986
117 A.D.2d 680 (N.Y. App. Div. 1986)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIS KELLY, Appellant

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

Date published: Feb 10, 1986

Citations

117 A.D.2d 680 (N.Y. App. Div. 1986)

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