People v. Cosey

Decision Date27 September 2001
Citation730 N.Y.S.2d 434,286 A.D.2d 647
CourtNew York Supreme Court — Appellate Division
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ARCHIE COSEY, Appellant.

Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.

The sentencing court properly exercised its discretion in denying defendant's application to withdraw his guilty plea after affording defendant a full opportunity to present his claims (see, People v Frederick, 45 NY2d 520). The court properly concluded that defendant's challenges to the plea were contradicted by his plea allocution and that the plea was voluntary. Defendant's claim that his plea resulted from threats emanating from one or more codefendants was vague and unsubstantiated. Moreover, at the time of the plea, defendant unequivocally answered that his plea was not the product of threats or coercion. Defendant's claim of innocence of the murder charge is contradicted by his detailed factual allocution. We have considered and rejected defendant's remaining arguments.

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5 cases
  • Cosey v. Lilley
    • United States
    • U.S. District Court — Southern District of New York
    • 19 Mayo 2020
    ...Snyder properly exercised her discretion in denying the petitioner's application to withdraw his guilty plea. People v. Cosey, 286 A.D.2d 647, 730 N.Y.S.2d 434 (2001) (mem.). On November 8, 2001, Judge Smith denied the petitioner leave to appeal to the Court of Appeals. See People v. Cosey,......
  • Cosey v. Lilley
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 9 Marzo 2023
    ... ... court found that Cosey's plea was knowing and voluntary ... and denied the motion. It then sentenced Cosey principally to ... two concurrent ... terms of twenty-five years to life in prison. The New York ... Appellate Division affirmed the conviction, see People v ... Cosey, 730 N.Y.S.2d 434 (1st Dep't 2001), and Judge ... Smith of the New York Court of Appeals denied his petition ... for leave to appeal to that court, see People v ... Cosey, 97 N.Y.2d 655 (2001) ...          On ... August 6, 2002, Cosey ... ...
  • Cosey v. Lilley, 18 Civ. 11260 (JGK)
    • United States
    • U.S. District Court — Southern District of New York
    • 13 Marzo 2019
    ...prison. Addendum to Pet. ¶ 16. The petitioner's conviction was affirmed by the Appellate Division, First Department. People v. Cosey, 286 A.D.2d 647, 730 N.Y.S.2d 434 (2001) (mem.) (holding that the trial court did not abuse its discretion in denying the petitioner's motion to withdraw his ......
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Septiembre 2001
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