Citation Numbers: 32 A.D.2d 993
Judges: Reynolds
Filed Date: 7/2/1969
Status: Precedential
Modified Date: 1/12/2022
Appeal from a judgment of the County Court, Saratoga County, convicting the appellant of the crime of manslaughter, first degree, and assault, first degree, upon his plea of guilty. After appellant had pleaded guilty to the crimes he stands convicted of and was sentenced therefor, he succeeded in obtaining a writ of habeas corpus vacating the sentences imposed and ordering a resentencing at which compliance with section 480 of the Code of Criminal Procedure was directed. While awaiting resentencing, the appellant made a motion in arrest of judgment for an order permitting the withdrawal of his plea of guilty to the two crimes and the reinstate-: ment of pleas of not guilty. After -a hearing on the motion, the trial court denied the motion' and resentenced appellant to the same sentences originally imposed. Appellant asserts that the trial court abused its discretion in denying his motion to withdraw his guilty pleas. We cannot agree. It should be first noted that a motion in arrest of judgment generally is -limited to the grounds that the court has no jursidiction over -the subject matter of the indictment or that the facts stated do not constitute a crime (Code Crim. Pro., § 467; People v. Swerdlow, 11 N Y 2d 140; People v. Perrin, 170 App. Div. 375) which is clearly