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People v. Tuttle

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1988
141 A.D.2d 584 (N.Y. App. Div. 1988)

Opinion

June 6, 1988

Appeal from the County Court, Suffolk County (Sherman, J.).


Ordered that the judgment is affirmed.

The defendant, originally indicted for robbery in the second degree, pleaded guilty to the substantially reduced charge of attempted petit larceny following negotiations which spanned several months. The record before us demonstrates that both the court and the defendant were fully informed of the factors prompting the favorable offer and that the defendant had ample opportunity to consider whether to accept it. During the thorough plea allocution, the defendant unequivocally admitted her guilt and provided factual detail supporting the plea. Her subsequent generalized assertion of innocence did not entitle her to withdraw it (see, People v Dixon, 29 N.Y.2d 55; People v Grady, 110 A.D.2d 780; People v Matta, 103 A.D.2d 756), and the County Court's inquiry upon the defendant's application to withdraw her plea was, under the circumstances, appropriate (see, People v Nixon, 21 N.Y.2d 338, 355, cert denied sub nom. Robinson v New York, 393 U.S. 1067; cf., People v Gatling, 84 A.D.2d 539). The defendant's guilty plea "was voluntarily made with the advice of counsel following an appraisal of all the relevant factors" (People v Dixon, supra, at 57) and we conclude that denial of the defendant's motion to withdraw her guilty plea was a proper exercise of discretion. Thompson, J.P., Weinstein, Eiber and Harwood, JJ., concur.


Summaries of

People v. Tuttle

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1988
141 A.D.2d 584 (N.Y. App. Div. 1988)
Case details for

People v. Tuttle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIKA TUTTLE, Appellant

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

Date published: Jun 6, 1988

Citations

141 A.D.2d 584 (N.Y. App. Div. 1988)

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