Legal Opinion
People v. Hodge
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1996PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea prior to sentencing (see, CPL 220.60 [3]; People v Tinsley, 35 NY2d 926, 927; People v Boothman, 217 AD2d 1007). The contention that trial counsel failed to advise defendant that his sentence would run concurrently with a sentence he was serving on a prior conviction is based upon matters outside the record. Therefore, defendant is relegated to a motion for postjudgment relief (see, CPL 440.10; People v Larrabee, 201 AD2d 924,…
2Cases cited6 opinions
- People v. TinsleyNew York Court of Appeals · 1974
- People v. MoissettNew York Court of Appeals · 1990
- People v. RamosNew York Court of Appeals · 1984
- People v. LarrabeeAppellate Division of the Supreme Court of the State of New York · 1994
- People v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. FranceAppellate Division of the Supreme Court of the State of New York · 1997
- People v. MayeAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CongdonAppellate Division of the Supreme Court of the State of New York · 2022
- People v. GilchristAppellate Division of the Supreme Court of the State of New York · 1998