From Casetext: Smarter Legal Research

People v. Scialphi

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 569 (N.Y. App. Div. 1991)

Opinion

December 16, 1991

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment is affirmed.

The determination as to whether to allow a defendant to withdraw a guilty plea rests within the sound discretion of the sentencing court (CPL 220.60; see, People v Payne, 176 A.D.2d 827). The court here did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea. The defendant knowingly and voluntarily pleaded guilty in the presence of competent counsel after the court had advised him of the consequences of his plea. His conclusory allegation at sentencing, that he had been coerced by his attorney into pleading guilty, did not provide a basis for withdrawal of his guilty plea (see, People v Santana, 176 A.D.2d 360 ); People v Latimer, 176 A.D.2d 350). Mangano, P.J., Lawrence, Rosenblatt and O'Brien, JJ., concur.


Summaries of

People v. Scialphi

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 569 (N.Y. App. Div. 1991)
Case details for

People v. Scialphi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE SCIALPHI…

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

Date published: Dec 16, 1991

Citations

178 A.D.2d 569 (N.Y. App. Div. 1991)
577 N.Y.S.2d 655