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People v. Malcolm

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 2000
269 A.D.2d 468 (N.Y. App. Div. 2000)

Opinion

Submitted December 15, 1999

February 29, 2000

Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered August 31, 1998, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Richard N. Lentino, Middletown, N.Y., for appellant.

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

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

It is well established that the decision to permit the withdrawal of a guilty plea is a matter directed to the sound discretion of the trial court (see, CPL 220.60[3];People v. Frederick, 45 N.Y.2d 520 ). Here, the defendant's unsupported allegations that his attorney coerced him into accepting the plea and of ineffective assistance of counsel, did not warrant the vacatur of his plea of guilty (see, People v. Ellerbe, 237 A.D.2d 299 ; People v. Fiumefreddo, 188 A.D.2d 546, affd 82 N.Y.2d 536 ).


Summaries of

People v. Malcolm

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 2000
269 A.D.2d 468 (N.Y. App. Div. 2000)
Case details for

People v. Malcolm

Case Details

Full title:THE PEOPLE, etc., respondent, v. OSMOND MALCOLM, appellant. (Ind. No…

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

Date published: Feb 29, 2000

Citations

269 A.D.2d 468 (N.Y. App. Div. 2000)
702 N.Y.S.2d 909