Legal Opinion

People v. Rodwell

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

Decided December 28, 1999Published

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 15, 1996, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Nothing in defendant’s plea allocution cast doubt on his guilt (see, People v Toxey, 86 NY2d 725; People v Emanuel, 179 AD2d 356, lv denied 79 NY2d 947), and we find the plea to be intelligently and voluntarily made. Were we to treat defendant’s comments at sentencing as a motion to withdraw his plea on grounds of innocence and duress, we would find that…

2Cases cited2 opinions

  1. People v. ToxeyNew York Court of Appeals · 1995
  2. People v. EmanuelAppellate Division of the Supreme Court of the State of New York · 1992

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