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People v. Devers

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1996
231 A.D.2d 425 (N.Y. App. Div. 1996)

Opinion

September 17, 1996.

Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered February 2, 1994, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.

Before: Rosenberger, J. P., Ellerin, Wallach and Tom, JJ.


The court properly denied defendant's motion to withdraw his plea of guilty, his brief, conclusory statement at sentencing that he acted in self-defense having no support in either the plea minutes, wherein defendant admitted his guilt without hesitation, or his response when asked to elaborate by the sentencing court ( see, People v Shields, 134 AD2d 541, lv denied 70 NY2d 1011). Defendant's claim that new counsel should have been assigned to litigate the motion to withdraw is without merit, defendant's comments at sentencing clearly alleging that it was the pressure of incarceration, and not coercion from counsel, that led him to accept the plea.


Summaries of

People v. Devers

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1996
231 A.D.2d 425 (N.Y. App. Div. 1996)
Case details for

People v. Devers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE DEVERS, Also…

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

Date published: Sep 17, 1996

Citations

231 A.D.2d 425 (N.Y. App. Div. 1996)
647 N.Y.S.2d 204