People v. Elmore, 57 A.D.3d 1507

Present—Martoche, J.P., Smith, Centra, Green and Pine, JJ.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [1]), defendant contends that County Court erred in denying his motion to withdraw his plea. We conclude on the record before us that the court did not abuse its discretion in denying the motion where, as here, there is no evidence of “innocence, fraud, or mistake in inducing the plea” (People v Robertson, 255 AD2d 968 [1998], lv denied 92 NY2d 1053 [1999]). The record does not support the contention of defendant that the court erroneously informed him that he would

Case Details

Case Name: People v. Elmore

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 31, 2008

Citations: 57 A.D.3d 1507; 869 N.Y.2d 846; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.