From Casetext: Smarter Legal Research

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2009
68 A.D.3d 1142 (N.Y. App. Div. 2009)

Opinion

No. 2008-02108.

December 22, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered February 7, 2008, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.

Stefani Goldin, Melville, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Cristin N. Connell of counsel), for respondent.

Before: Dillon, J.P., Miller, Eng, Hall and Sgroi, JJ., concur.


Ordered that the judgment is affirmed.

It is well settled that the right of a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court ( see People v Seeber, 4 NY3d 780; People v Mann, 32 AD3d 865; People v Kucharczyk, 15 AD3d 595), and that determination will generally not be disturbed absent an improvident exercise of discretion ( see People v DeLeon, 40 AD3d 1008). In this case, the record reveals that the defendant entered his plea of guilty knowingly, voluntarily, and intelligently, having reached a favorable plea bargain with the assistance of competent counsel with whose representation the defendant was satisfied ( see People v Mann, 32 AD3d 865). Furthermore, contrary to the defendant's arguments on appeal, "[a]n attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made" ( People v Caple, 279 AD2d 635, 635; see People v Rodriguez, 181 AD2d 643; People v Glasper, 151 AD2d 692, 693).

The defendant's remaining contention is without merit.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2009
68 A.D.3d 1142 (N.Y. App. Div. 2009)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY TORRES…

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

Date published: Dec 22, 2009

Citations

68 A.D.3d 1142 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9689
892 N.Y.S.2d 156

Citing Cases

People v. Williams

d generally will not be disturbed absent an improvident exercise of discretion ( see People v. Seeber, 4…

People v. Williams

Here, the Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw…