People v. Ryder
Cases that cite this one
4 later published cases cite this decision.
- People v. Lamb (Appellate Division of the Supreme Court of New York 2018)
- People v. Cole (Appellate Division of the Supreme Court of New York 2018)
- People v. Howe (Appellate Division of the Supreme Court of New York 2017)
- People v. Oddy (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal, by permission, from an order of the Supreme Court (Breslin, J.), entered January 10, 2014 in Albany County, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of a controlled substance in the third degree, without a hearing.
Defendant pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced, as a second felony offender, to 3V2 years in prison, to be followed by three years of postrelease supervision. Defendant moved pursuant to CPL article 440 seeking to vacate the judgment of conviction on the grounds that, among other things, it was procured by duress, misrepresentation or fraud and that he did not receive the effective assistance of counsel. Supreme Court denied the motion without a hearing and defendant, with permission of this Court, now appeals.
We affirm. Defendant contends that he pleaded guilty based upon a misrepresentation by counsel that he would be pleading to a class C or D felony and entered into a shock incarceration program rather than sentenced to prison time. Defendant also alleges that he would not have pleaded guilty if counsel had informed him that he would not be sentenced until his codefendant’s case was resolved. Defendant’s claims are contradicted by the record, as the plea colloquy reflects that the terms
Ordered that the order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.