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People v. Kaye

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1982
91 A.D.2d 690 (N.Y. App. Div. 1982)

Opinion

December 27, 1982


Appeals by defendant from two judgments of the County Court, Suffolk County (Doyle, J.), both rendered May 15, 1979, convicting him of two counts of robbery in the first degree, upon his pleas of guilty, and imposing sentences. The appeals bring up for review the denial, without a hearing, of the defendant's motion to vacate his guilty pleas. Judgments affirmed. Under the circumstances of this case, the County Court did not abuse its discretion in denying, without a hearing, the defendant's motion to withdraw his guilty pleas, particularly where the defendant's contentions were fully set forth in his motion papers, he did not dispute his complicity in the underlying crimes and the record provided an unequivocal basis for the rejection of his claims (see People v Frederick, 45 N.Y.2d 520, 524-525; People v Friedman, 39 N.Y.2d 463; People v Tinsley, 35 N.Y.2d 926; see, also, People v Harris, 79 A.D.2d 615). We have considered the defendant's remaining contention and find it to be lacking in merit. Damiani, J.P., Lazer, Gulotta and Bracken, JJ., concur.


Summaries of

People v. Kaye

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1982
91 A.D.2d 690 (N.Y. App. Div. 1982)
Case details for

People v. Kaye

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIOT E. KAYE…

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

Date published: Dec 27, 1982

Citations

91 A.D.2d 690 (N.Y. App. Div. 1982)

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