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People v. Pettway

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 721 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v Melendez, 135 A.D.2d 660, lv denied 70 N.Y.2d 1008; People v Doherty, 134 A.D.2d 513; People v Lee, 132 A.D.2d 625). In the case at bar, the plea was knowingly and voluntarily made in the presence of counsel, after the court had fully apprised the defendant of the consequences of his plea (see, People v Melendez, supra). Inasmuch as the defendant was afforded ample opportunity to state the bases for his withdrawal application, no error resulted from the absence of an evidentiary hearing with respect to the defendant's conclusory allegations that he was innocent and that his counsel — with whom he expressed satisfaction at the time of entering his plea — failed to adequately apprise him of the implications of his decision to plead guilty (see, People v Tinsley, 35 N.Y.2d 926; People v Melendez, supra; People v Lee, supra). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.


Summaries of

People v. Pettway

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 721 (N.Y. App. Div. 1988)
Case details for

People v. Pettway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE PETTWAY…

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

Date published: May 31, 1988

Citations

140 A.D.2d 721 (N.Y. App. Div. 1988)

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