From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1991
178 A.D.2d 166 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


At sentencing, defendant sought to withdraw his pleas on the ground that he did not understand the charges against him, and did not have effective assistance of counsel. The court did not abuse its discretion in summarily denying this application. Defendant admitted on allocution that he had violently shaken his infant daughter in a fit of rage, showing that he knowingly and voluntarily pled guilty to conduct reflecting a depraved indifference to human life (People v Moore, 71 N.Y.2d 1002, 1005). Nor did defendant's unsubstantiated allegations that he did not understand the charges against him for the burglary which he had admitted, and did not have effective assistance of counsel, provide a basis for withdrawal of his guilty pleas (People v Billingsley, 54 N.Y.2d 960, 961).

Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Asch, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1991
178 A.D.2d 166 (N.Y. App. Div. 1991)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SMITH, Appellant

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

Date published: Dec 5, 1991

Citations

178 A.D.2d 166 (N.Y. App. Div. 1991)
577 N.Y.S.2d 26