[DOWNLOAD] "People State New York v. Kevin Lesesne" by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: People State New York v. Kevin Lesesne
Author : Supreme Court of New York
Release Date : January 30, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

On appeal, defendant contends that the court abused its discretion in summarily denying his motion to withdraw his previously entered plea of guilty, on the ground that he was not aware that the co-defendant's plea allocution would be inadmissible in evidence against him at trial. We disagree. It is well-settled that a defendant is not entitled to withdraw his guilty plea merely because he discovers that he misapprehended the quality of the State's case (see, Brady v. United States, 397 U.S. 742, 757; People v. Jones, 44 N.Y.2d 76, 81, cert.den. 439 U.S. 846). Bare allegations of innocence are also insufficient (People v. Cook, 61 A.D.2d 1060). As the sentencing court allowed defendant a reasonable opportunity to present his contentions, the motion was properly denied without a hearing (People v. Tinsley, 35 N.Y.2d 926).