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People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 821 (N.Y. App. Div. 1988)

Opinion

February 29, 1988

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

There was no abuse of discretion in the court's failure to grant the defendant's request for an adjournment at the time of sentencing so that the defendant could obtain private counsel. There is no indication that the defendant wanted to withdraw his plea, nor is there any indication that his assigned counsel was incompetent or otherwise ineffective (see, People v Rodriguez, 126 A.D.2d 580, lv denied 69 N.Y.2d 954). Furthermore, he had previously been granted adjournments in an unsuccessful effort to secure private counsel.

The record shows that the defendant knowingly and voluntarily entered his guilty plea and waived his rights (see, People v Harris, 61 N.Y.2d 9). Further, he pleaded guilty with the full understanding that he would receive the sentence that was eventually imposed. Thus, it cannot now be said that the sentence was excessive (People v Kazepis, 101 A.D.2d 816). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 821 (N.Y. App. Div. 1988)
Case details for

People v. Bailey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK D. BAILEY…

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

Date published: Feb 29, 1988

Citations

137 A.D.2d 821 (N.Y. App. Div. 1988)