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People v. Leviyev

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 359 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

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


Ordered that the judgment is affirmed.

The decision of whether to grant a defendant permission to withdraw a plea of guilty rests in the sound discretion of the court ( see, CPL 220.60; People v. Ochoa, 179 A.D.2d 689). The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty. The record indicates that the defendant's plea was knowingly, intelligently, and voluntarily entered ( see, People v. Harris, 61 N.Y.2d 9). There is also no support in the record for the defendant's claim of ineffective assistance of counsel. Furthermore, we find that the defendant's factual allocution was sufficient.

Rosenblatt, J.P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

People v. Leviyev

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 359 (N.Y. App. Div. 1998)
Case details for

People v. Leviyev

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ELIETE LEVIYEV, Also…

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 359 (N.Y. App. Div. 1998)
681 N.Y.S.2d 766

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