People v. Domeyer

• Citation: 509 N.Y.S.2d 485,125 A.D.2d 487
• Parties: The PEOPLE, etc., Respondent, v. Frederick DOMEYER, Appellant.
• Decision Date: 15 December 1986
• Court: New York Supreme Court Appellate Division

Page 485

509 N.Y.S.2d 485

125 A.D.2d 487

The PEOPLE, etc., Respondent, v. Frederick DOMEYER, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

December 15, 1986

Livoti, O'Grady & O'Hare, Mineola (Frank J. Livoti, of counsel), for appellant. Patrick Henry, Dist. Atty. (Emily A. Constant, Riverhead, of counsel; Patrick Quinn, Syracuse, on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 18, 1982, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The sentencing court did not abuse its discretion in determining, on the basis of the plea proceeding, the minutes of the hearing pursuant to CPL article 730, and the defendant's testimony at the Huntley hearing, that the defendant's motion to withdraw his plea on the ground that he was "not in his right mind" was without merit (see, People v. Pica, 112 A.D.2d 325, 491 N.Y.S.2d 775; People v. Stubbs, 110 A.D.2d 725, 727, 487 N.Y.S.2d 824; People v. Kelsch, 96 A.D.2d 677, 678, 466 N.Y.S.2d 535). We have considered the defendant's remaining contention and find it to be without merit.

THOMPSON, J.P., and NIEHOFF, WEINSTEIN, KUNZEMAN and SPATT, JJ., concur.