United States Second Circuit

A conviction pursuant to a guilty plea to being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without a hearing because, on the basis of undisputed facts, the court permissibly found that defendant's plea was entered voluntarily; and 2) prosecutor's statement, which reminded defendant of the consequences of a decision to proceed to trial, did not render defendant's plea involuntary.

Appellate Information

• Decided 07/24/2008
• Published 07/24/2008

Judges

• COTE, District Judge:, Before:  KEARSE and POOLER, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Harry A. Chernoff, Esq., U.S. Attorney's Office, SDNY, New York, NY, for Appellee., Janeanne Murray, Esq., Law Office of Janeanne Murray, New York, NY, for Defendant-appellant.