PEOPLE v. MIMS


216 A.D.2d 104 (1995)

628 N.Y.S.2d 278

The People of the State of New York, Respondent, v. Michael Mims, Also Known as Michael Mins, Appellant

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

June 15, 1995


In light of defendant's unsubstantiated claims of innocence, the court's limited inquiry into defendant's motion to withdraw the plea was sufficient (People v Baez, 188 A.D.2d 365). Moreover, defendant was not denied an opportunity to present his claims because of the court's warning that he would be "gagged" if he continued to speak. This warning was issued after defendant had twice interrupted the proceedings and after the court...

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