People v. Foxworth
| Decision Date | 24 January 2006 |
| Docket Number | 7656. |
| Citation | 807 N.Y.S.2d 296,2006 NY Slip Op 00392,25 A.D.3d 481 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH FOXWORTH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
The court properly denied defendant's motion to withdraw his guilty plea, without appointing new counsel. Counsel's comments about his own actions did not provide any damaging factual information (compare People v Rozzell, 20 NY2d 712 [1967]), and there is no reasonable possibility they affected the court's decision to deny defendant's patently meritless motion (see e.g. People v Burgos, 298 AD2d 190 [2002], lv denied 99 NY2d 580 [2003]; People v Otero, 282 AD2d 344, 345 [2001], lv denied 96 NY2d 905 [2001]). The motion consisted of a standard form containing conclusory allegations that the court characterized correctly as "boilerplate." Accordingly, defendant received effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]) and he was not deprived of his right to conflict-free representation (see Cuyler v Sullivan, 446 US 335, 348-350 [1980]).
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People v. Boodrow
...form, conclusory motion was not influenced by matters other than those of which it was already aware (see People v. Foxworth, 25 A.D.3d 481, 482, 807 N.Y.S.2d 296 [2006], lv denied 7 N.Y.3d 756, 819 N.Y.S.2d 881, 853 N.E.2d 252 [2006] ; People v. Thaxton, 309 A.D.2d 1255, 1256, 765 N.Y.S.2d......
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People v. Boodrow
...standard form, conclusory motion was not influenced by matters other than those of which it was already aware (see People v Foxworth, 25 A.D.3d 481, 482 [2006], lv denied 7 N.Y.3d 756 [2006]; People v Thaxton, 309 A.D.2d 1255, 1256 [2003], lv denied 1 N.Y.3d 581 [2003]; People v Burgos, 298......
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People v. Boodrow
... ... motion, the record reveals that County Court's decision ... to deny defendant's standard form, conclusory motion was ... not influenced by matters other than those of which it was ... already aware (see People v Foxworth, 25 A.D.3d 481, ... 482 [2006], lv denied 7 N.Y.3d 756 [2006]; ... People v Thaxton, 309 A.D.2d 1255, 1256 [2003], ... lv denied 1 N.Y.3d 581 [2003]; People v ... Burgos, 298 A.D.2d 190, 190 [2002], lv denied ... 99 N.Y.2d 580 [2003]). The other instance cited by ... ...
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People v. Taylor
...132 A.D.3d 496, 17 N.Y.S.3d 426 [1st Dept. 2015], lv denied 27 N.Y.3d 1003, 38 N.Y.S.3d 112, 59 N.E.3d 1224 [2016] ; People v. Foxworth, 25 A.D.3d 481, 807 N.Y.S.2d 296 [1st Dept. 2006], lv denied 7 N.Y.3d 756, 819 N.Y.S.2d 881, 853 N.E.2d 252 [2006] ). In any event, the claims made in the ......