People v. Yeargin
Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant contends that the warrant-less search and seizure of the property found in his apartment was improper because the police were unlawfully in his home in violation of Payton v New York (445 US 573). Police had gone to defendant’s home after he had been identified by an eyewitness as being a suspect in a burglary in progress. The record indicates that defendant voluntarily accompanied the
The court did not err in denying defendant’s motion to withdraw his guilty plea without conducting any hearing. Such a motion to withdraw a guilty plea rests largely in the discretion of the Judge to whom the motion is made (CPL 220.60 [3]; People v Tinsley, 35 NY2d 926, 927). (Appeal from judgment of Onondaga County Court, Murray, J. — burglary, second degree, and other offenses.) Present — Dillon, P. J., Callahan, Green, Balio and Schnepp, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.