Legal Opinion

People v. Clarke

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1998PublishedCited by 8 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered March 14, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his plea, without holding a hearing. Defendant’s incredible claim of intoxication from his alleged ingestion of drugs ten minutes before taking the plea was contradicted by defendant’s lucid plea allocution and the court’s own recollection of defendant’s…

2Cases cited2 opinions

  1. People v. BermudezAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by8 opinions

  1. People v. BessAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. BarksdaleAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. DoneganAppellate Division of the Supreme Court of the State of New York · 2001

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