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People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
56 A.D.3d 1222 (N.Y. App. Div. 2008)

Opinion

No. KA 06-01727.

November 14, 2008.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered May 24, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

DAVID J. PAJAK, ALDEN, FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

Before: Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16), defendant contends that County Court abused its discretion in failing to grant a hearing on his motion to withdraw his guilty plea. We reject that contention because defendant's motion was based on a charge from a separate indictment pending before a different judge. The sentence is not unduly harsh or severe.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
56 A.D.3d 1222 (N.Y. App. Div. 2008)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY WALKER, Appellant

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

Date published: Nov 14, 2008

Citations

56 A.D.3d 1222 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8904
866 N.Y.S.2d 901