New York Court of Appeals, 1981

People v. Billingsley

People v. Billingsley
New York Court of Appeals · Decided October 27, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur
54 N.Y.2d 960; 429 N.E.2d 826; 445 N.Y.S.2d 148; 1981 N.Y. LEXIS 3157

People v. Billingsley

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

There was no deficiency in the court’s inquiry of defendant or in defendant’s responses on the occasion of the acceptance of his plea of guilty. Reference was then included to the defendant’s claim that the gun was fired in self-defense. Defendant’s postplea assertion of innocence predicated on the theory of self-defense in no way vitiated the validity of his prior, counseled plea of guilty. There was, therefore, no abuse of discretion in the denial of defendant’s postsentencing motion to withdraw his plea.

We have examined defendant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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