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People v. Midgette

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 215 (N.Y. App. Div. 1998)

Opinion

October 27, 1998

Appeal from the Supreme Court, New York County (Frederic Berman, J.).


Defendant's claim that a hearing should have been held on his application to withdraw his plea is unpreserved and we decline to review it in the interest of justice ( People v. Vasquez, 242 A.D.2d 452), Were we to review it, we would find that, after sufficient inquiry, the court properly exercised its discretion when it denied the application to withdraw the plea made on the basis of the codefendant's belated efforts to exculpate defendant, amounting to nothing more than a recantation of the codefendant's own plea allocution ( People v. Brown, 126 A.D.2d 898, 899-900, lv denied 70 N.Y.2d 703).

Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.


Summaries of

People v. Midgette

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 215 (N.Y. App. Div. 1998)
Case details for

People v. Midgette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE MIDGETTE…

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

Date published: Oct 27, 1998

Citations

254 A.D.2d 215 (N.Y. App. Div. 1998)
679 N.Y.S.2d 574