People v. Boothman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea (see, CPL 220.60 [3]; People v Tinsley, 35 NY2d 926, 927; People v Chandler, 214 AD2d 1027; People v Cantu, 202 AD2d 1033). In moving to withdraw his plea, defendant made no claim of innocence, fraud or duress (see, People v Ayers, 192 AD2d 1134, lv denied 81 NY2d 1069). The sole basis for the oral application by defendant to withdraw his guilty plea was that either his attorney or the court may have misled defendant about the…
2Cases cited9 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. CallahanNew York Court of Appeals · 1992
- People v. TinsleyNew York Court of Appeals · 1974
- People v. MoissettNew York Court of Appeals · 1990
- People v. AllenNew York Court of Appeals · 1993
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3Cited by1 opinion
- People v. HodgeAppellate Division of the Supreme Court of the State of New York · 1996