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People v. Pantojas

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 782 (N.Y. App. Div. 1992)

Opinion

April 20, 1992

Appeal from the County Court, Westchester County (Nicolai, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the court erred in denying his motion to withdraw his plea of guilty. The decision of whether to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520, 524-525; People v Brownlee, 158 A.D.2d 610, 611). The plea was entered into knowingly, intelligently, and with adequate representation by counsel. The record does not support the defendant's claim that he pleaded guilty solely in order to allow his girlfriend and codefendant to avoid incarceration. Moreover, the defendant has offered only an unsubstantiated and generalized claim of innocence, which is insufficient to entitle him to withdraw his plea (see, People v Bourdonnay, 160 A.D.2d 1014; People v Duff, 158 A.D.2d 711). Bracken, J.P., Sullivan, Lawrence and Ritter, JJ., concur.


Summaries of

People v. Pantojas

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 782 (N.Y. App. Div. 1992)
Case details for

People v. Pantojas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS PANTOJAS…

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

Date published: Apr 20, 1992

Citations

182 A.D.2d 782 (N.Y. App. Div. 1992)
582 N.Y.S.2d 777

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