54 N.Y.2d 960

The People of the State of New York, Respondent, v Henry Billingsley, Appellant.

Argued September 18, 1981;

decided October 27, 1981

*961APPEARANCES OF COUNSEL

Ernest H. Hammer for appellant.

Mario Merola, District Attorney (Vida M. Alvy and Billie Manning of counsel), for respondent.

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.

People v. Billingsley
54 N.Y.2d 960

Case Details

Name
People v. Billingsley
Decision Date
Oct 27, 1981
Citations

54 N.Y.2d 960

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!