1250 Broadway, 27th Floor New York, NY 10001

NO HE DIDN'T

After pleading guilty to attempted criminal possession of a controlled substance, T. J. made comments to his probation officer denying guilt. During sentencing, when the Albany County Supreme Court questioned T. J. about those statements, and asked whether he wanted to withdraw his guilty plea, the guy supposedly answered in the negative.

Because he didn't ask to withdraw his plea, nor made an application to have the conviction vacated, the Appellate Division, Third Department, didn't think T.J.'s appeal was appropriately before them. (In any event, it thought that the guy's plea and waiver of his right to appeal were knowingly and voluntarily made.)

Oh, yes he did.

To view a copy of the Appellate Division's decision, please use this link: People v. T.J.

Categories: