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People v. Sha-Born McGriff

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 648 (N.Y. App. Div. 1996)

Opinion

September 23, 1996.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered February 8, 1995, convicting him of attempted robbery in the second degree under Indictment No. 12465/93, upon his plea of guilty, and imposing sentence, and purported appeal by the defendant from a judgment of the same court, also rendered February 8, 1995, convicting him of criminal possession of a weapon in the third degree under Indictment No. 9660/94, upon his plea of guilty, and imposing sentence.

Before: Bracken, J.P., Krausman, Goldstein and Luciano, JJ.


Ordered that the judgment under Indictment No. 12465/93 is affirmed; and it is further,

Ordered that the purported appeal from the judgment under Indictment No. 9660/94, is dismissed.

The defendant failed to file a notice of appeal with respect to the judgment rendered under Indictment No. 9660/94. Accordingly, his purported appeal from that judgment of conviction is dismissed.

The defendant's motion to withdraw his guilty plea under Indictment No. 12465/93 was based upon conclusory and unsubstantiated claims. Therefore, his motion was properly denied without a hearing ( see, People v Palmeri, 227 AD2d 418). The defendant's remaining contentions are without merit.


Summaries of

People v. Sha-Born McGriff

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 648 (N.Y. App. Div. 1996)
Case details for

People v. Sha-Born McGriff

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHA-BORN McGRIFF…

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

Date published: Sep 23, 1996

Citations

231 A.D.2d 648 (N.Y. App. Div. 1996)
647 N.Y.S.2d 961

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