Legal Opinion

People v. Mims

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

Decided June 15, 1995Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered October 29, 1992, which convicted defendant, upon his plea of guilty, of robbery in the first degree and sentenced him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

In light of defendant’s unsubstantiated claims of innocence, the court’s limited inquiry into defendant’s motion to withdraw the plea was sufficient (People v Baez, 188 AD2d 365). Moreover, defendant was not denied an opportunity to present his claims because of the court’s warning that he would be "gagged” if he continued to…

2Cases cited2 opinions

  1. People v. BaezAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. KirklandAppellate Division of the Supreme Court of the State of New York · 1993

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