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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 751 (N.Y. App. Div. 1992)

Opinion

March 9, 1992

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed.

The defendant contends that it was error for the court to deny his motion to withdraw his guilty plea. We disagree. 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 (CPL 220.60; People v Frederick, 45 N.Y.2d 520, 524-525; People v Brownlee, 158 A.D.2d 610, 611). There is nothing in the record to indicate that the plea was either improvident or baseless, and the defendant's bare assertions of innocence and confusion are belied by the record (see, People v Bourdonnay, 160 A.D.2d 1014; People v Duff, 158 A.D.2d 711). Bracken, J.P., Sullivan, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 751 (N.Y. App. Div. 1992)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEO SMITH, Appellant

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

Date published: Mar 9, 1992

Citations

181 A.D.2d 751 (N.Y. App. Div. 1992)
581 N.Y.S.2d 76

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