People v. Leslie

Citation470 N.Y.S.2d 259,98 A.D.2d 977
PartiesPEOPLE of the State of New York, Respondent, v. Monroe LESLIE, Appellant.
Decision Date16 December 1983
CourtNew York Supreme Court Appellate Division

Lee Charles La Mendola, Buffalo, for appellant.

Richard J. Arcara by Louis Haremski, Buffalo, for respondent.

Before DILLON, P.J., and HANCOCK, GREEN, O'DONNELL and SCHNEPP, JJ.

MEMORANDUM:

Defendant entered a negotiated plea of guilty of attempted criminal possession of a weapon in the third degree. At one point in the plea proceedings, defendant said "I didn't do it." Thereafter, however, he admitted to facts constituting the crime.

Prior to sentencing, defendant moved to withdraw the plea (CPL 220.60, subd. 3). Although the motion was based primarily upon a claim that the People were unable to prove their case, it was also based upon defendant's prior assertion of innocence. In response to the motion, the People made no claim of prejudice. Under the circumstances, the interests of justice would have been better served had defendant been permitted to withdraw his guilty plea (see People v. McIntyre, 40 A.D.2d 1038, 338 N.Y.S.2d 1011; People v. East, 39 A.D.2d 606, 332 N.Y.S.2d 396).

Judgment unanimously reversed, as a matter of discretion in the interest of justice, motion granted and plea vacated, and matter remitted to Erie County Court for further proceedings on the indictment.

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15 cases
  • People v. Hollmond
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Diciembre 2020
    ...consider the prejudice, if any, that would result to the People if the motion to withdraw the plea is granted (see People v. Leslie, 98 A.D.2d 977, 470 N.Y.S.2d 259 ; People v. Griffin, 77 A.D.2d 666, ––– N.Y.S.2d –––– ; People v. Arcuri, 64 A.D.2d 1028, 1028–1029, 409 N.Y.S.2d 319 ; People......
  • People v. Amos
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Octubre 2021
    ...People if the motion to withdraw the plea is granted" ( People v. Hollmond, 191 A.D.3d at 137, 135 N.Y.S.3d 449 ; see People v. Leslie, 98 A.D.2d 977, 470 N.Y.S.2d 259 ; People v. Griffin, 77 A.D.2d 666, ––– N.Y.S.2d –––– ; People v. Arcuri, 64 A.D.2d 1028, 1028–1029, 409 N.Y.S.2d 319 ; Peo......
  • People v. Amos
    • United States
    • New York Supreme Court
    • 13 Octubre 2021
    ...would result to the People if the motion to withdraw the plea is granted" (People v Hollmond, 191 A.D.3d at 137; see People v Leslie, 98 A.D.2d 977; People v Griffin, 77 A.D.2d 666; People v Arcuri, 64 A.D.2d 1028, 1028-1029; People v McIntyre, 40 A.D.2d 1038; People v East, 39 A.D.2d 606).......
  • People v. Amos
    • United States
    • New York Supreme Court
    • 13 Octubre 2021
    ...would result to the People if the motion to withdraw the plea is granted" (People v Hollmond, 191 A.D.3d at 137; see People v Leslie, 98 A.D.2d 977; People v Griffin, 77 A.D.2d 666; People v Arcuri, 64 A.D.2d 1028, 1028-1029; People v McIntyre, 40 A.D.2d 1038; People v East, 39 A.D.2d 606).......
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