People v. Holmes

Decision Date24 March 2003
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CHRISTOPHER HOLMES, Appellant.
CourtNew York Supreme Court — Appellate Division

Feuerstein, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty (see CPL 220.60; People v Dickerson, 163 AD2d 610 [1990]). The defendant's claims of coercion and ineffectiveness of counsel, upon which the motion was based, are belied by the record (see People v Charles, 256 AD2d 472 [1998]).

The defendant has foreclosed appellate review of his claim that his statutory right to a speedy trial was violated (see CPL 30.30) by entering a plea of guilty (see People v Prescott, 66 NY2d 216, 219-220 [1985]; People v Kenrick, 233 AD2d 528 [1996]).

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2 cases
  • People v. Bruno
    • United States
    • New York Supreme Court — Appellate Division
    • May 11, 2010
    ...51 A.D.3d 824, 824, 856 N.Y.S.2d 862; People v. Mosley, 50 A.D.3d 1161, 1161, 855 N.Y.S.2d 378; People v. Holmes, 303 A.D.2d 690, 691, 756 N.Y.S.2d 778). The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court ( see P......
  • Unger v. Dover Union Free School District
    • United States
    • New York Supreme Court — Appellate Division
    • March 24, 2003

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