Opinion
No. 2010–414 W CR.
2012-12-24
The PEOPLE of the State of New York, Respondent, v. Michael MAYHEW, Appellant.
Since a determination of a motion to withdraw a guilty plea is addressed to the sound discretion of the court ( see People v. Ricketts, 16 AD3d 438 [2005] ) and a hearing on such a motion should be granted only in rare instances ( see People v. Brown, 14 NY3d 113, 116 [2010];People v. Wyant, 47 AD3d 1068, 1069 [2008] ), we find no basis to disturb the City Court's order denying, without a hearing, defendant's motion to withdraw his guilty plea. As that is the only issue raised on appeal, we affirm the judgment of conviction.