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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 683 (N.Y. App. Div. 1991)

Opinion

April 15, 1991

Appeal from the Supreme Court, Queens County (Browne, J.).


Ordered that the judgment is affirmed.

It is settled that 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. Brownlee, 158 A.D.2d 610; People v. Hagzan, 155 A.D.2d 616). In the case at bar, the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel, after the court had apprised him of the consequences of his plea (People v. Harris, 61 N.Y.2d 9). The sole basis for the defendant's application to withdraw his plea was that he expected "less time" than the sentence actually imposed. Under these circumstances it was not an improvident exercise of discretion to deny the motion (see, People v. Hagzan, supra; People v. Morris, 118 A.D.2d 595).

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 683 (N.Y. App. Div. 1991)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DAVIS, Appellant

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

Date published: Apr 15, 1991

Citations

172 A.D.2d 683 (N.Y. App. Div. 1991)

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