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People v. Minor

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1988
143 A.D.2d 146 (N.Y. App. Div. 1988)

Opinion

August 8, 1988

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v Pettway, 140 A.D.2d 721; People v Melendez, 135 A.D.2d 660; People v Doherty, 134 A.D.2d 513; People v Lee, 132 A.D.2d 625). Review of the plea minutes in the case at bar discloses that the defendant's guilty plea was knowingly and voluntarily made in the presence of counsel after the court fully apprised the defendant of the consequences of his guilty plea (see, People v Pettway, supra; People v Melendez, supra). Moreover, we perceive no error in the sentencing court's determination — rendered after a full evidentiary hearing — that the defendant was not entitled to the vacatur of his plea (cf., People v Tinsley, 35 N.Y.2d 926; People v Frazier, 132 A.D.2d 617, lv denied 70 N.Y.2d 711; People v Desire, 131 A.D.2d 871).

The sentence imposed by the court, to which the defendant agreed as part of his plea bargain, is not excessive under the circumstances (see, People v Harris, 132 A.D.2d 570; People v Kazepis, 101 A.D.2d 816).

The defendant's remaining contention is without merit (see, People v Baldi, 54 N.Y.2d 137; cf., People v Pettway, supra; People v Desire, supra; People v Fernandez, 131 A.D.2d 873). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.


Summaries of

People v. Minor

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1988
143 A.D.2d 146 (N.Y. App. Div. 1988)
Case details for

People v. Minor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MINOR…

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

Date published: Aug 8, 1988

Citations

143 A.D.2d 146 (N.Y. App. Div. 1988)

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