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People v. Willingham

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 675 (N.Y. App. Div. 1991)

Opinion

December 30, 1991

Appeal from the Supreme Court, Kings County (Feldman, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty to manslaughter in the first degree (see, CPL 220.60; People v McMahon, 163 A.D.2d 588; People v Brown, 142 A.D.2d 683). The defendant pleaded guilty after a complete and detailed plea allocution, during which he expressed satisfaction with his attorney, and was fully apprised of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9). Moreover, the factual admissions made by the defendant during his plea allocution were sufficient to establish the elements of the crime, and, at no point during the plea proceedings did he assert his innocence (see, People v Howard, 138 A.D.2d 525; People v Melendez, 135 A.D.2d 660).

Furthermore, we find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Kunzeman, J.P., Sullivan, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Willingham

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 675 (N.Y. App. Div. 1991)
Case details for

People v. Willingham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENT WILLINGHAM…

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

Date published: Dec 30, 1991

Citations

178 A.D.2d 675 (N.Y. App. Div. 1991)
578 N.Y.S.2d 229