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People v. Brownlee

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 610 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the County Court, Rockland County (Nelson, 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 Rodriguez, 150 A.D.2d 812; People v Melendez, 135 A.D.2d 660; People v Stubbs, 110 A.D.2d 725). There exists no hard-and-fast rule which sets forth the nature and extent of the fact-finding procedures necessary to the disposition of motions to withdraw guilty pleas previously entered (People v Tinsley, 35 N.Y.2d 926, 927). Rather, the Judge hearing the motion "must exercise his discretion in affording defendant a reasonable opportunity to advance his claims from which an informed and prudent determination can be rendered" (People v Frederick, 45 N.Y.2d 520, 525).

In the instant case, the defendant knowingly and voluntarily made a complete and detailed plea allocution in the presence of competent counsel — with whom the defendant had expressed satisfaction at the time of the plea — after the court had fully apprised the defendant of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9). Since the court had the defendant's motion papers before it and afforded the defendant ample opportunity to substantiate his assertions at sentencing, the court properly proceeded to impose sentence (see, People v Savio, 117 A.D.2d 633; People v McClendon, 114 A.D.2d 425). Mangano, J.P., Bracken, Rubin, Kooper and Rosenblatt, JJ., concur.


Summaries of

People v. Brownlee

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 610 (N.Y. App. Div. 1990)
Case details for

People v. Brownlee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST BROWNLEE…

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

Date published: Feb 20, 1990

Citations

158 A.D.2d 610 (N.Y. App. Div. 1990)

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