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People v. Falaro

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 972 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

(Appeal from Judgment of Cayuga County Court, Corning, J. — Promoting Prison Contraband, 1st Degree.)

PRESENT: GREEN, J.P., HAYES, HURLBUTT, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

"The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court" ( People v. Burroughs, 224 A.D.2d 1034, lv denied 88 N.Y.2d 845). County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, without conducting a hearing or further inquiry, where his bare claim of innocence was unsupported by the record and contrary to his admission during the plea proceeding ( see, People v. Anderson, 270 A.D.2d 509, 510, lv denied 95 N.Y.2d 792, 793; People v. Grigger, 244 A.D.2d 205, lv denied 91 N.Y.2d 926).


Summaries of

People v. Falaro

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 972 (N.Y. App. Div. 2001)
Case details for

People v. Falaro

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ROBERT FALARO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 8, 2001

Citations

284 A.D.2d 972 (N.Y. App. Div. 2001)
726 N.Y.S.2d 900

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