[Download] "People State New York v. Richard Dixon" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Richard Dixon
- Author : Court of Appeals of New York
- Release Date : January 06, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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[29 N.Y.2d 55 Page 56] Memorandum. Judgment affirmed. Defendant, having pleaded guilty with a co-defendant to a reduced charge of assault in the
second degree following a robbery, sought to withdraw his guilty plea. This case is distinguishable from People v. McKennion
(27 N.Y.2d 671). In the latter case, we remitted for a hearing, following the denial of defendant's application to withdraw
his plea of guilty based on his allegation that he "misunderstood and misapprehended" the plea proceedings in pleading guilty
to the criminal possession of drugs found in his apartment. The defendant in McKennion was a 22-year-old immigrant with a
limited education facing deportation charges resulting from the criminal charges and represented by the same counsel at the
sentencing, when he sought to withdraw his plea, as had represented him in the earlier proceeding. In contrast, in the case
at bar, the court upon receiving the request from the defendant to withdraw his guilty plea, appointed new counsel to represent
him and directed him to prepare the moving papers. In a sworn affidavit in support of the motion, defendant stated he was
innocent and that he pleaded guilty only because his first attorney advised him he had no chance of proving his innocence.
Additionally, he stated his present attorney has advised him that he has a good defense. No factual matter was presented in
support of these assertions. Thus, the court had before it only the unsupported allegations of the defendant and was confronted
solely with an issue of credibility. That issue was resolved against the defendant when the court denied the motion to withdraw
the guilty plea. Defendant, with a record of 12 prior convictions, did not contend that his plea was the result of mistake
or misunderstanding as contended in McKennion (supra) nor does he contend that it was not made voluntarily following consultation
with his first attorney. (See People v. Nixon, 21 N.Y.2d 338; [29 N.Y.2d 55 Page 57]