Legal Opinion
People v. Cooks
New York Court of Appeals
Decided March 20, 1986PublishedCited by 120 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
If the plea proceeding record is sufficient to permit review of the issue on direct appeal, the sufficiency of the allocution cannot be collaterally reviewed in a CPL 440.10 proceeding. The order of the Appellate Division should, therefore, be affirmed.
I
On March 31, 1983, defendant pleaded guilty to one count of robbery in the second degree. Thereafter he wrote a letter to the County Court Judge who had taken the plea stating his desire to withdraw it and on April 21, 1983 appeared before the Judge. At both the plea and the subsequent hearing he was represented by…
2Cases cited12 opinions
- People v. SerranoNew York Court of Appeals · 1965
- People v. FrancisNew York Court of Appeals · 1975
- People v. SadnessNew York Court of Appeals · 1949
- People v. ClaudioNew York Court of Appeals · 1985
- People v. PascaleNew York Court of Appeals · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- People v. TyrellNew York Court of Appeals · 2013
- David Sweet v. Floyd Bennett, Superintendent of Elmira Correctional InstitutionCourt of Appeals for the Second Circuit · 2003
- Roman v. AbramsCourt of Appeals for the Second Circuit · 1987
- Garner v. LeeCourt of Appeals for the Second Circuit · 2018
- Davis v. MantelloCourt of Appeals for the Second Circuit · 2002
115 more not listed; retrieve them via the Exa API.