People v. Mack

Decision Date12 May 1980
Citation75 A.D.2d 858,429 N.Y.S.2d 881
PartiesThe PEOPLE, etc., Respondent, v. Joseph MACK, Appellant.
CourtNew York Supreme Court — Appellate Division

Howard B. Sirota, Brooklyn, for appellant.

Eugene Gold, Dist. Atty., Brooklyn (Hazel Sandomire Mushynsky, Brooklyn, of counsel), for respondent.

Appeal by defendant from a judgment of the Supreme Court, Kings County (LAWRENCE, J.) rendered March 9, 1979, convicting him of robbery in the second degree, upon his plea of guilty and imposing sentence. Case remitted to Criminal Term to hear and report on defendant's motion to withdraw his plea, at which hearing new counsel shall be appointed to represent defendant, and appeal held in abeyance in the interim (see People v. Rozzell, 20 N.Y.2d 712, 282 N.Y.S.2d 775, 229 N.E.2d 452; People v. Bowers, 45 A.D.2d 241, 357 N.Y.S.2d 563; People v. Williams, 55 A.D.2d 923, 390 N.Y.S.2d 439). Criminal Term shall file its report with all convenient speed.

HOPKINS, J. P., and DAMIANI, TITONE and MANGANO, JJ., concur.

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3 cases
  • People v. Brown
    • United States
    • New York Supreme Court — Appellate Division
    • January 29, 1987
    ...229 N.E.2d 452; People v. Wilson, 91 A.D.2d 1052, 458 N.Y.S.2d 655; People v. Shadney, 81 A.D.2d 842, 438 N.Y.S.2d 848; People v. Mack, 75 A.D.2d 858, 429 N.Y.S.2d 881). Additionally, during the plea colloquy defendant was directly asked several times if he had been threatened or coerced in......
  • People v. Wilson
    • United States
    • New York Supreme Court — Appellate Division
    • January 24, 1983
    ...People v. Wilson, 15 N.Y.2d 634, 255 N.Y.S.2d 675, 203 N.E.2d 925; People v. Shadney, 81 A.D.2d 842, 438 N.Y.S.2d 848; People v. Mack, 75 A.D.2d 858, 429 N.Y.S.2d 881; People v. Driscoll, 30 A.D.2d 793, 292 N.Y.S.2d ...
  • People v. Shadney
    • United States
    • New York Supreme Court — Appellate Division
    • May 4, 1981
    ...634, 255 N.Y.S.2d 675, 203 N.E.2d 925; see, also, People v. Boyd, 22 N.Y.2d 707, 291 N.Y.S.2d 816, 238 N.E.2d 923; People v. Mack, 75 A.D.2d 858, 426 N.Y.S.2d 792; cf. People v. Sutton, 39 A.D.2d 820, 332 N.Y.S.2d ...

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