People v. Levy, 39 A.D.3d 670

Ordered that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court (see CPL 220.60 [3]; People v Gutierrez, 35 AD3d 883 [2006]; People v Grimes, 35 AD3d 882 [2006]). In this case, the Supreme Court providently exercised its discretion in denying, without a hearing, the defendant‘s motion to withdraw his plea of guilty (see People v White, 25 AD3d 576 [2006]; People v Rangolan, 295 AD2d 543 [2002]; People v Badger, 288 AD2d 485 [2001]). Miller, J.P., Mastro, Ritter and Balkin, JJ., concur.

Ordered that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court (see CPL 220.60 [3]; People v Gutierrez, 35 AD3d 883 [2006]; People v Grimes, 35 AD3d 882 [2006]). In this case, the County Court providently exercised its discretion in denying, without a hearing, the defendant‘s motion to withdraw his plea of guilty (see People v White, 25 AD3d 576 [2006]; People v Rangolan, 295 AD2d 543 [2002]; People v Badger, 288 AD2d 485 [2001]). Miller, J.P., Mastro, Ritter and Balkin, JJ., concur.

Case Details

Case Name: People v. Levy

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

Date Published: Apr 10, 2007

Citations: 39 A.D.3d 670; 831 N.Y.S.2d 909

Court Abbreviation: N.Y. App. Div.