People v. Connolly

• Decision Date: 09 March 1992
• Citation: 181 A.D.2d 739,581 N.Y.S.2d 613
• Parties: The PEOPLE, etc., Respondent, v. Daniel CONNOLLY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 613

581 N.Y.S.2d 613

181 A.D.2d 739

The PEOPLE, etc., Respondent, v. Daniel CONNOLLY, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

March 9, 1992

Connolly & Connolly, Dist. Atty., Goshen for appellant. Francis D. Phillips II, Goshen (David R. Huey, of counsel), for respondent.

Appeal

by the defendant (1) from a judgment of the County Court, Orange County (Byrne, J.), rendered July 13, 1990, convicting him of attempted forgery in the second degree, upon his plea of guilty, and imposing sentence, and (2) by permission, from an order of the same court, dated January 23, 1991, which denied his motion pursuant to CPL 440.10 to vacate the judgment rendered July 13, 1990. ORDERED that the purported appeal from the judgment is dismissed, for failure to file a notice of appeal from the judgment; and it is further, ORDERED that the order is affirmed and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50(5). The County Court properly concluded that the defendant's allegations in his CPL 440.10 motion did not warrant vacatur of his guilty plea (see, People v. Vance, 7 A.D.2d 661, 179 N.Y.S.2d 148, cert. denied, 361 U.S. 845, 80 S.Ct. 99, 4 L.Ed.2d 84; People v. Walsh, 119 A.D.2d 780, 501 N.Y.S.2d 187; People v. Gale, 130 A.D.2d 588, 515 N.Y.S.2d 523; People v. Latella, 112 A.D.2d 321, 322, 491 N.Y.S.2d 771).

MANGANO, P.J., and LAWRENCE, EIBER and MILLER, JJ., concur.