Legal Opinion
People v. Payne
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1991PublishedCited by 4 opinions
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered January 16, 1990, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The determination of whether to allow a defendant to adjourn sentencing proceedings or to withdraw a guilty plea rests within the sound discretion of the trial court and should not be disturbed unless there is a clear abuse of that discretion (see, CPL 220.60 [3]; 380.30 [3]; People v Howard, 138 AD2d 525; People…
2Cases cited6 opinions
- People v. StubbsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 1987
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BillingsleyNew York Court of Appeals · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. IppolitoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1995
- People v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1993
- People v. ScialphiAppellate Division of the Supreme Court of the State of New York · 1991