People v. Cannon

Citation150 A.D.2d 383,543 N.Y.S.2d 303
PartiesThe PEOPLE, etc., Respondent, v. Howard CANNON, Appellant.
Decision Date01 May 1989
CourtNew York Supreme Court Appellate Division

David M. Salvatore, E. Setauket, for appellant. Patrick Henry, Dist. Atty., Riverhead (Margaret McPartlin, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 18, 1987, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The sentencing court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea (CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332). The defendant was fully informed of the rights he was waiving by pleading guilty and admitted the acts constituting the crime without making any claim of innocence. His subsequent generalized assertions of innocence are unsupported by the record and do not entitle him to withdraw his plea (see, People v. Dixon, 29 N.Y.2d 55, 57, 323 N.Y.S.2d 825, 272 N.E.2d 329, People v. Tuttle, 141 A.D.2d 584, 585, 530 N.Y.S.2d 158; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235). Nor did the court err in not holding an evidentiary hearing or conducting further inquiry on the defendant's application to withdraw his plea. The defendant was afforded an ample opportunity to present evidence of his allegations and failed to do so (see, People v. Frederick, supra; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Stubbs, 110 A.D.2d 725, 727, 487 N.Y.S.2d 824).

THOMPSON, J.P., and EIBER, KUNZEMAN, SPATT and BALLETTA, JJ., concur.

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7 cases
  • People v. Martinez
    • United States
    • United States State Supreme Court (New York)
    • June 24, 1993
    ...innocence is not a sufficient legal ground upon which to allow withdrawal of an otherwise legally entered plea. People v. Cannon, 150 A.D.2d 383, 543 N.Y.S.2d 303 (2d Dept.1989); People v. Stubbs, 92 A.D.2d 923, 460 N.Y.S.2d 141 (2d Dept.1983); People v. Losicco, 137 A.D.2d 621, 524 N.Y.S.2......
  • People v. Council
    • United States
    • New York Supreme Court Appellate Division
    • June 21, 1990
    ...the guilty plea was coerced. Nor is a generalized assertion of innocence sufficient to justify withdrawal of a plea (People v. Cannon, 150 A.D.2d 383, 543 N.Y.S.2d 303). Defendant also contends that the photo and lineup identifications should have been suppressed. The lineup procedure was n......
  • People v. Seger
    • United States
    • New York Supreme Court Appellate Division
    • March 25, 1991
    ...of incapacity and coercion (see, People v. Tinsley, supra; People v. Martin, 157 A.D.2d 674, 675, 549 N.Y.S.2d 776; People v. Cannon, 150 A.D.2d 383, 543 N.Y.S.2d 303; People v. Barnett, 136 A.D.2d 555, 523 N.Y.S.2d ...
  • People v. Torres
    • United States
    • New York Supreme Court Appellate Division
    • May 22, 1995
    ...present evidence of his allegations (see, People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Cannon, 150 A.D.2d 383, 384, 543 N.Y.S.2d 303). BRACKEN, J.P., and ROSENBLATT, KRAUSMAN and GOLDSTEIN, JJ., ...
  • Request a trial to view additional results

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