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Court of Appeals of New York


People v. Spears, 204

In this case, defendant pleaded guilty to a reduced charge of sexual abuse in the second degree, a misdemeanor, with a sentence of six years probation. At sentencing, defendant requested an adjournment to speak with his counsel about his interest in withdrawing his plea. Denial of the request for adjournment is affirmed, where: 1) neither defendant nor his counsel was able to articulate to the court a ground upon which the plea could be withdrawn; and 2) absent any indication that defendant had grounds to support a plea withdrawal, the lower court's refusal to grant the adjournment was not an abuse of discretion.

Appellate Information

  • Decided 11/25/2014
  • Published 11/25/2014

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Court

  • Court of Appeals of New York

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