People v. Sprow
| Decision Date | 29 October 1984 |
| Citation | 104 A.D.2d 1056,480 N.Y.S.2d 961 |
| Parties | The PEOPLE, etc., Respondent, v. Mahlon William SPROW, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Noel Tepper, Poughkeepsie, for appellant.
William V. Grady, Dist. Atty., Poughkeepsie (Joan H. McCarthy, Fishkill, of counsel), for respondent.
Before TITONE, J.P., and BRACKEN, BOYERS and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Dutchess County, rendered September 2, 1982, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Judgment affirmed.
The plea was not flawed either in defendant's allocution, or in the court's recitation to the defendant of the constitutional rights he was giving up by reason of his plea. The record discloses that the plea was knowingly and voluntarily taken, despite defendant's belated claim of pressure upon his witnesses to induce him to plead guilty. Under the circumstances of this case, no hearing was warranted (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Matta, 103 A.D.2d 756, 477 N.Y.S.2d 228 ).
Similarly, defendant's right to counsel was not abridged by the court's refusal to assign new counsel on the eve of sentence (People v. Sawyer, 57 N.Y.2d 12, 18-19, 453 N.Y.S.2d 418, 438 N.E.2d 1133, cert. den. 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024). "Whether a continuance should be granted is largely within the discretion of the Trial Judge" (People v. Arroyave, 49 N.Y.2d 264, 271, 425 N.Y.S.2d 282, 401 N.E.2d 393). It would ill behoove this court to substitute its discretion for that of the trial court (People v. Crown, 51 A.D.2d 588, 589, 378 N.Y.S.2d 775; cf. People v. Medina...
To continue reading
Request your trial
-
People v. Lacroce
...with the plea agreement negotiated by plea counsel ( see generally Rodriguez, 126 A.D.2d at 581, 510 N.Y.S.2d 700; People v. Sprow, 104 A.D.2d 1056, 1057, 480 N.Y.S.2d 961; cf. People v. Darkel C., 68 A.D.3d 1129, 890 N.Y.S.2d 342). Finally, the sentence is not unduly harsh or severe. It is......
-
People v. Corwise
...allocution. Accordingly, he was not entitled to withdraw the plea (People v. Matta, 103 A.D.2d 756, 477 N.Y.S.2d 228; People v. Sprow, 104 A.D.2d 1056, 480 N.Y.S.2d 961). Nor did the court err in denying the defendant's oral motion for a psychiatric examination pursuant to CPL article 730. ......
-
People v. Rosenzweig
...knowingly, intelligently and voluntarily entered (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Sprow, 104 A.D.2d 1056, 480 N.Y.S.2d 961). Furthermore, we find that the County Court correctly held that defendant's statements made at the time of arrest would ......
-
People v. Brito
...that the defendant was represented by competent counsel (see, People v. Rodriguez, 126 A.D.2d 580, 510 N.Y.S.2d 700; People v. Sprow, 104 A.D.2d 1056, 480 N.Y.S.2d 961). We further note that the defendant's effort to challenge his predicate felony status is, under the circumstances of this ......