PEOPLE v. TILLINGHAST


208 A.D.2d 1030 (1994)

618 N.Y.S.2d 584

The People of the State of New York, Respondent, v. Todd Tillinghast, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 13, 1994


White, J.

This appeal arises out of County Court's denial, without an evidentiary hearing, of defendant's motion to withdraw his plea of guilty to the crime of criminal possession of a controlled substance in the third degree.

Initially, we reject the People's argument that defendant waived his right to appeal as County Court (Friedlander, J.) failed to ascertain on the record if such waiver was voluntarily, knowingly and intelligently made (...

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