New York Court of Appeals, 1981

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

Cases that cite this one

23 later published cases cite this decision.

People v. Alexander (N.Y. 2002)
People v. Graham (Appellate Division of the Supreme Court of New York 1993)
People v. Rios (N.Y. 2026)
The People v. Yasif Sims (N.Y. 2024)
People v. Douglas (Appellate Division of the Supreme Court of New York 2011)
People v. Riley (Appellate Division of the Supreme Court of New York 2002)
People v. Richards (Appellate Division of the Supreme Court of New York 1998)
People v. Torres (Appellate Division of the Supreme Court of New York 1996)
People v. Tillinghast (Appellate Division of the Supreme Court of New York 1994)
People v. Walker (Appellate Division of the Supreme Court of New York 1993)
People v. Mason (Appellate Division of the Supreme Court of New York 1992)
People v. Latimer (Appellate Division of the Supreme Court of New York 1991)
People v. Castillo (Appellate Division of the Supreme Court of New York 1991)
People v. Payne (Appellate Division of the Supreme Court of New York 1991)
People v. Smith (Appellate Division of the Supreme Court of New York 1991)
People v. Stearn (Appellate Division of the Supreme Court of New York 1990)
People v. Stearn (Appellate Division of the Supreme Court of New York 1990)
People v. Dukes (Appellate Division of the Supreme Court of New York 1990)
People v. Gordon (Appellate Division of the Supreme Court of New York 1990)
People v. Diaz (Appellate Division of the Supreme Court of New York 1990)
People v. Braun (Appellate Division of the Supreme Court of New York 1990)
People v. Paulk (Appellate Division of the Supreme Court of New York 1988)
People v. Vizzari (Appellate Division of the Supreme Court of New York 1986)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.