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People v. Deleg

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 522 (N.Y. App. Div. 2000)

Opinion

Submitted June 14, 2000.

July 24, 2000.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered December 21, 1998, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Lisa H. Blitman, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The defendant's contention that the County Court erred in denying his motion to withdraw his guilty plea without holding a hearing is without merit. Whether to allow a defendant to withdraw a plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60; People v. Smith, 268 A.D.2d 605 [2d Dept., Jan 31, 2000]; People v. White, 226 A.D.2d 750), and only in "the rare instance" is a defendant entitled to an evidentiary hearing (People v. Tinsley, 35 N.Y.2d 926, 927; accord, People v. Rodriguez, 150 A.D.2d 812).

The record shows that the defendant knowingly and voluntarily entered his plea after having been fully advised of his rights by the County Court (see, People v. Harris, 61 N.Y.2d 9). As the County Court had the defendant' s motion papers before it, and the defendant was given an ample opportunity to advance his claims, the court did not err in denying the motion without a hearing (see, People v. Rodriguez, supra).


Summaries of

People v. Deleg

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 522 (N.Y. App. Div. 2000)
Case details for

People v. Deleg

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LUIS DELEG, APPELLANT. (IND. NO. 98-00198)

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

Date published: Jul 24, 2000

Citations

274 A.D.2d 522 (N.Y. App. Div. 2000)
712 N.Y.S.2d 385

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