People v. Burroughs

Decision Date02 February 1996
PartiesPEOPLE of the State of New York, Respondent, v. Craig BURROUGHS, Appellant.
CourtNew York Supreme Court — Appellate Division

Appeal from Judgment of Erie County Court, Rogowski, Judge, Attempted Robbery, 3rd Degree.

Linda S. Reynolds by David Schopf, Buffalo, for Appellant.

Kevin M. Dillon by Steven Meyer, Buffalo, for Respondent.

Before DENMAN, P.J., and PINE, WESLEY, CALLAHAN and BOEHM, JJ.

MEMORANDUM:

We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court (see, People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Cantu, 202 A.D.2d 1033, 610 N.Y.S.2d 113). Defendant's generalized assertion of innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea (see, People v. Cantu, supra; People v. Rancka, 193 A.D.2d 1123, 1124, 600 N.Y.S.2d 650, lv. denied 82 N.Y.2d 725, 602 N.Y.S.2d 822, 622 N.E.2d 323; People v. McNair [appeal No. 1], 186 A.D.2d 1089, 590 N.Y.S.2d 789, lv. denied 80 N.Y.2d 1028, 592 N.Y.S.2d 678, 607 N.E.2d 825).

Judgment unanimously affirmed.

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4 cases
  • People v. Nash, 00-01835
    • United States
    • New York Supreme Court — Appellate Division
    • November 9, 2001
    ...by the record and contrary to his admission[s] during the plea proceeding" (People v Falaro, 284 A.D.2d 972; see, People v Burroughs, 224 A.D.2d 1034, 1034-1035, lv denied 88 N.Y.2d 845; People v Mercedes, 171 A.D.2d 1044, 1044-1045, lv denied 77 N.Y.2d 998). Contrary to defendant's content......
  • People v. Hutchings
    • United States
    • New York Supreme Court — Appellate Division
    • July 9, 1999
    ...The court did not abuse its discretion in denying the application of defendant to withdraw his guilty plea (see, People v. Burroughs, 224 A.D.2d 1034, 638 N.Y.S.2d 267, lv. denied 88 N.Y.2d 845, 644 N.Y.S.2d 691, 667 N.E.2d 341; People v. Murray, 207 A.D.2d 999, 999-1000, 617 N.Y.S.2d 253, ......
  • People v. Smith, 1075 KA 13-00441
    • United States
    • New York Supreme Court — Appellate Division
    • November 14, 2014
    ...plea rests in the sound discretion of the court’ ” (People v. Falaro, 284 A.D.2d 972, 972, 726 N.Y.S.2d 900 ; see People v. Burroughs, 224 A.D.2d 1034, 1034, 638 N.Y.S.2d 267, lv. denied 88 N.Y.2d 845, 644 N.Y.S.2d 691, 667 N.E.2d 341 ), and where, as here, a defendant's motion to withdraw ......
  • People v. Burroughs
    • United States
    • New York Court of Appeals Court of Appeals
    • April 1, 1996
    ...N.Y.S.2d 691 88 N.Y.2d 845, 667 N.E.2d 341 People v. Craig Burroughs Court of Appeals of New York Apr 01, 1996 Bellacosa, J. 224 A.D.2d 1034, 638 N.Y.S.2d 267 App.Div. 4, Erie Denied. ...

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