People v. McNair, 186 A.D.2d 1089 (N.Y. App. Div. 1992). · Go Syfert
People v. McNair, 186 A.D.2d 1089 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
9 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Hunt (nyappdiv, 2020-11-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Hunt
N.Y. App. Div. · 2020 · confidence medium
Additionally, defendant's belated and unsubstantiated assertion that the plea was the result of a failure to take prescribed medication is insufficient to support a motion to withdraw a plea ( see People v Gonzalez , 231 AD2d 939 , 940 [4th Dept 1996], lv denied 89 NY2d 923 [1996]; People v McNair [appeal No. 1], 186 AD2d 1089, 1089 [4th Dept 1992], lv denied 80 NY2d 1028 [1992]).
discussed Cited "see" People v. Ernst
N.Y. App. Div. · 2016 · signal: see · confidence high
Here, defendant’s conclusory claims concerning her mental health issues are “ unsupported by any medical proof, . . . [and do] not raise a sufficient question of fact regarding the voluntariness of [her] plea so as to require an evidentiary hearing’ ” (People v Russell, 79 AD3d 1530, 1531 [2010]; see People v McNair [appeal No. 1], 186 AD2d 1089, 1089 [1992], lv denied 80 NY2d 1028 [1992]).
discussed Cited "see" ERNST, TIFFANY J., PEOPLE v
N.Y. App. Div. · 2016 · signal: see · confidence high
Here, -2- 1021 KA 15-00042 defendant’s conclusory claims concerning her mental health issues are “ ‘unsupported by any medical proof, . . . [and do] not raise a sufficient question of fact regarding the voluntariness of [her] plea so as to require an evidentiary hearing’ ” (People v Russell, 79 AD3d 1530, 1531 ; see People v McNair [appeal No. 1], 186 AD2d 1089, 1089 , lv denied 80 NY2d 1028 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Wayne R. McNair
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Oct 7, 1992.
186 A.D.2d 1089
Cited by 8 opinions  |  Published

— Judgment unanimously affirmed. Same Memorandum as in People v McNair ([appeal No. 1] 186 AD2d 1089 [decided herewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J.— Incest.) Present — Green, J. P., Pine, Balio, Boehm and Davis, JJ.