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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2009
68 A.D.3d 1134 (N.Y. App. Div. 2009)

Opinion

Nos. 2007-05400, 2007-05401.

December 22, 2009.

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Donnino, J.), both rendered March 19, 2007, convicting him of robbery in the third degree (three counts) under indictment No. 933/06, and robbery in the third degree under Superior Court information No. 2264/06, upon his pleas of guilty, and imposing sentences.

Peter A. Sell, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Michael Maffei on the brief), for respondent.

Before: Mastro, J.P., Balkin, Belen and Chambers, JJ., concur.


Ordered that the judgments are affirmed.

The decision whether to permit a defendant to withdraw his pleas of guilty lies in the sound discretion of the court ( see CPL 220.60; People v Woodhouse, 65 AD3d 1267; People v Rodriguez, 270 AD2d 434, 434-435). Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's application to withdraw his pleas of guilty ( see People v Torres, 215 AD2d 702, 702-703).


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2009
68 A.D.3d 1134 (N.Y. App. Div. 2009)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRI MILLER…

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

Date published: Dec 22, 2009

Citations

68 A.D.3d 1134 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9679
890 N.Y.S.2d 340

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