Legal Opinion

People v. Joyner

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

Decided April 19, 1996Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: "Permission to withdraw a guilty plea is a decision that rests within the sound discretion of the court” (People v Murray, 207 AD2d 999, 999-1000, lv denied 84 NY2d 1014). County Court did not abuse its discretion in denying defendant’s motion to withdraw the plea. At the plea allocution, defendant knowingly waived a possible intoxication defense (see, People v Allen, 216 AD2d 951, lv denied 87 NY2d 843) and "detailed his commission of the crime without apparent hesitation and without protestations of innocence” (People v Lynch, 156 AD2d 884, 885, lv…

2Cases cited4 opinions

  1. People v. LynchAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. AllenAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. SantosAppellate Division of the Supreme Court of the State of New York · 1985

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