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People v. Peavy

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1082 (N.Y. App. Div. 1996)

Opinion

March 8, 1996

Appeal from the Monroe County Court, Maloy, J.

Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that County Court abused its discretion in denying his motion to withdraw his plea of guilty to rape in the first degree. We disagree. A motion to withdraw a guilty plea is addressed to the sound discretion of the court ( see, CPL 220.60; People v De Jesus, 199 A.D.2d 529). The record establishes that defendant was advised of his rights and that his Alford plea ( see, North Carolina v Alford, 400 U.S. 25) was knowingly, intelligently and voluntarily entered with a full understanding of its consequences ( see, People v Alfieri, 201 A.D.2d 935, lv denied 83 N.Y.2d 908). Additionally, a generalized, unsubstantiated claim of innocence is not sufficient to warrant the vacatur of a plea of guilty ( see, People v De Jesus, supra, at 530; People v Carter, 191 A.D.2d 640). Finally, the prosecutor placed on the record the proof that the People intended to offer at trial and that elaboration contained strong evidence of defendant's guilt ( see, People v Alfieri, supra, at 935-936).


Summaries of

People v. Peavy

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1082 (N.Y. App. Div. 1996)
Case details for

People v. Peavy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENERAL PEAVY…

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

Date published: Mar 8, 1996

Citations

225 A.D.2d 1082 (N.Y. App. Div. 1996)
639 N.Y.S.2d 752

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