People v. Billingsley

CourtNew York Court of Appeals
Writing for the CourtCOOKE
Citation429 N.E.2d 826,54 N.Y.2d 960,445 N.Y.S.2d 148
Parties, 429 N.E.2d 826 The PEOPLE of the State of New York, Respondent, v. Henry BILLINGSLEY, Appellant.
Decision Date27 October 1981

The order of the Appellate Division should be affirmed, 76 A.D.2d 764, 429 N.Y.S.2d 337.

There was no deficiency in the court's inquiry of defendant or in defendant's responses on the occasion of the acceptance of his plea of guilty. Reference was then included to the defendant's claim that the gun was fired in self-defense. Defendant's postplea assertion of innocence predicated on the theory of self-defense in no way vitiated the validity of his prior, counseled plea of guilty. There was, therefore, no abuse of discretion in the denial of defendant's postsentencing motion to withdraw his plea.

We have examined defendant's other contentions and find them to be without merit.


Order affirmed in a memorandum.

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20 cases
  • People v. Douglas
    • United States
    • New York Supreme Court Appellate Division
    • 26 d2 Abril d2 2011
    ...withdrawal of the plea of guilty ( see People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802; People v. Billingsley, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 429 N.E.2d 826; People v. Dixon, 29 N.Y.2d 55, 57, 323 N.Y.S.2d 825, 272 N.E.2d 329; People v. Duncan, 78 A.D.3d 1193, 912......
  • People v. Jurgins, 02923–08.
    • United States
    • United States State Supreme Court (New York)
    • 28 d1 Junho d1 2010
    ...and his protestations of innocence at sentencing do not render his plea procedurally or substantively defective. People v.. Billingsley, 54 N.Y.2d 960, 961 (1981); People v. Latimer, 176 A.D.2d 350, 351 (2nd Dept.1991). Furthermore, where, as here, Defendant's grounds to withdraw the plea a......
  • People v. Tillinghast
    • United States
    • New York Supreme Court Appellate Division
    • 13 d4 Outubro d4 1994
    ...... Under these circumstances, defendant's post-plea assertion of innocence based on the defenses of agency and entrapment does not vitiate his plea (see, People v. Billingsley, 54 N.Y.2d 960, 445 N.Y.S.2d 148, 429 N.E.2d 826). Therefore, we find that County Court did not abuse its discretion in summarily denying defendant's motion after giving him an opportunity to state the basis of his withdrawal application (see, People v. Burke, 197 A.D.2d 731, 602 N.Y.S.2d 243; ......
  • People v. Riley, 2
    • United States
    • New York Supreme Court Appellate Division
    • 28 d1 Janeiro d1 2002
    ...... guilty was entered into knowingly, voluntarily, and intelligently, and that the court providently exercised its discretion in denying the defendant's motion to withdraw his plea based upon conclusory claims of self-defense and coercion (see, People v Fiumefreddo, 82 N.Y.2d 536; People v Billingsley, 54 N.Y.2d 960; People v Shields, 134 A.D.2d 541). SANTUCCI, J.P., S. MILLER, FRIEDMANN and PRUDENTI, JJ., concur. ......
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