People v. Melendez

Decision Date02 February 1988
Citation70 N.Y.2d 1008,526 N.Y.S.2d 943
Parties, 521 N.E.2d 1086 People v. Melendez (Juan)
CourtNew York Court of Appeals Court of Appeals

Bellacosa, J.

--- A.D.2d ----, 522 N.Y.S.2d 235

App.Div. 2, Kings 12/14/87

Denied

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6 cases
  • People v. Rancka
    • United States
    • New York Supreme Court — Appellate Division
    • May 28, 1993
    ... ... 721, 21 L.Ed.2d 709; People v. Latimer, 176 A.D.2d 350, 574 N.Y.S.2d 586). His belated protestations of innocence and claims of coercion do not ... entitle him to withdraw his pleas (see, People v. Latimer, supra; People v. Tuttle, 141 A.D.2d 584, 530 N.Y.S.2d 158; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235, lv. denied 70 N.Y.2d 1008, 526 N.Y.S.2d 943, 521 N.E.2d 1086). Therefore, we conclude that the court did not abuse its discretion in denying defendant's oral motion, made at the time of sentencing, to withdraw his guilty pleas (see, People v. Cannon, 150 A.D.2d ... ...
  • People v. Gilyard
    • United States
    • New York Supreme Court — Appellate Division
    • December 19, 1988
    ... ... As a result, there was no abuse of discretion by the sentencing court in refusing to permit the defendant to withdraw his plea (see, People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Minor, supra; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235, lv. denied 70 N.Y.2d 1008, 526 N.Y.S.2d 943, 521 N.E.2d 1086) ...         We have ... ...
  • People v. Brown
    • United States
    • New York Supreme Court — Appellate Division
    • July 18, 1988
    ... ...         The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235, lv. denied 70 N.Y.2d 1008, 526 N.Y.S.2d 943, 521 N.E.2d 1086). There exists no hard-and-fast rule which sets forth the nature and extent of the fact-finding procedures necessary to the disposition of motions to withdraw guilty pleas previously entered ( People ... ...
  • People v. Torres
    • United States
    • New York Supreme Court — Appellate Division
    • December 31, 1992
    ... ... Dickerson, 163 A.D.2d 610, 559 N.Y.S.2d 40, lv. denied 76 N.Y.2d 892, 561 N.Y.S.2d 554, 562 N.E.2d 879; People v. Kornegay, 146 A.D.2d 946, 537 N.Y.S.2d 321, lv. denied 73 N.Y.2d 1017, 541 N.Y.S.2d 772, 539 N.E.2d 600; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235, lv. denied 70 N.Y.2d 1008, 526 N.Y.S.2d 943, 521 N.E.2d 1086). ORDERED that the judgment is affirmed ...         MIKOLL, J.P., and YESAWICH, MERCURE, ... ...
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