People v. Cooke
| Decision Date | 02 March 1978 |
| Citation | 61 A.D.2d 1060,402 N.Y.S.2d 478 |
| Parties | The PEOPLE of the State of New York, Respondent, v. William COOKE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Douglas P. Rutnik, Albany County Public Defender, Albany (Gary F. Stiglmeier, Albany, of counsel), for appellant.
Sol Greenberg, Albany County Dist. Atty., Albany (Melissa L. Campbell, Albany, of counsel), for respondent.
Before MAHONEY, P. J. and KANE, MAIN, LARKIN and HERLIHY, JJ.
Appeal from a judgment of the County Court of Albany County, rendered June 8, 1977, convicting defendant on his plea of guilty of rape in the first degree.
The defendant, with two others, was charged with rape in the first degree, two counts of sodomy in the first degree and unlawful imprisonment in the first degree. At his arraignment defendant pled not guilty to the various counts, but on May 25, 1977 defendant withdrew his former plea and pled guilty to the crime of rape in the first degree in full satisfaction of the entire indictment. On June 8, 1977, the date for sentencing, defendant sought leave to withdraw his plea based upon alleged misrepresentation of his assigned counsel and his claim of innocence. The application was denied and defendant was sentenced to a previously agreed term of imprisonment of from 0 to 12 years.
The record indicates that at the time the defendant entered his plea he stated that he did so freely and voluntarily, without duress of any kind, and that he was guilty of the crime charged. In response to questions asked by the Judge and after being sworn by the court, the defendant set forth facts which constituted proof of the crimes charged in the indictment. At the sentencing some two weeks later before the same Judge, the defendant urged that the misrepresentations were that the other two codefendants were not taking "the cop out and one wasn't sure about the other one". The record shows that the other two codefendants did enter pleas. Defendant admitted to the court that he did state facts under oath which constituted the crime charged but "I'm denying it now". The court refused permission to withdraw the plea and this appeal ensued.
Permission to withdraw a plea rests in the sound discretion of the court (CPL 220.60). Such pleas of guilty may not be withdrawn unless there is some evidence or claim of innocence, fraud, or mistake in inducing the plea (People v. Malinowski, 37 A.D.2d 662, 322 N.Y.S.2d 863). When the defendant...
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People v. Henderson
...or claim of innocence, fraud or mistake in inducing the plea (People v. Gibson, 84 A.D.2d 885, 886, 444 N.Y.S.2d 762; People v. Cooke, 61 A.D.2d 1060, 402 N.Y.S.2d 478). A mere allegation that a defendant misinterpreted the plea agreement is insufficient (People v. Cataldo, 39 N.Y.2d 578, 5......
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People v. Davis
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People v. McNeill
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People v. Lesesne
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