Opinion
2001-00046
Submitted January 9, 2002.
January 22, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered December 5, 2000, convicting him of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel; Maria V. Szulc on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the Supreme Court (see, People v. Ramsingh, 267 A.D.2d 406). The Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea (see, People v. Garcia, 92 N.Y.2d 869; People v. Marzocco, 278 A.D.2d 515; People v. Eschenberg, 275 A.D.2d 719).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, SCHMIDT and CRANE, JJ., concur.