People v. McDowell

• Decision Date: 30 September 1997
• Citation: 242 A.D.2d 860,665 N.Y.S.2d 949
• Parties: , 1997 N.Y. Slip Op. 7772 PEOPLE of the State of New York, Respondent, v. Shawn McDOWELL, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 949

665 N.Y.S.2d 949

242 A.D.2d 860, 1997 N.Y. Slip Op. 7772

PEOPLE of the State of New York, Respondent, v. Shawn McDOWELL, Appellant.

Supreme Court of New York, Appellate Division,

Fourth Department.

Sept. 30, 1997.

Gerald T. Barth by Kimberly Jordan, Syracuse, for appellant.

William J. Fitzpatrick by James Maxwell, Syracuse, for respondent.

MEMORANDUM:

County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see, CPL 220.60[3]; People v. Hamilton, 192 A.D.2d 738, 740, 596 N.Y.S.2d 175), which was entered at trial while the jury was deliberating. "The record reveals that the plea was knowing and voluntary and was made without protestation of innocence" (People v. Collins, 186 A.D.2d 298, 587 N.Y.S.2d 455). We reject the contention of defendant that he was deprived of effective assistance of counsel on his motion to withdraw the plea. (Appeal from Judgment of Onondaga County Court, Mulroy, J.--Rape, 1st Degree.)

Judgment unanimously affirmed.

DENMAN, P.J., and PINE, BALIO, BOEHM and FALLON, JJ., concur.