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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 605 (N.Y. App. Div. 2000)

Opinion

Submitted December 8, 1999

January 31, 2000

Appeals by the defendant from two judgments of the County Court, Westchester County (Cowhey, J.), both rendered July 24, 1997, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 96-01545 and burglary in the second degree under Indictment No. 96-01665, upon his pleas of guilty, and imposing sentences.

Gerald J. Murphy, Irvington, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert and Mary E. Costello of counsel), for respondent.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgments are affirmed.

We reject the defendant's contention that the court improvidently exercised its discretion in denying his motion to withdraw his pleas of guilty. Whether to allow a defendant to withdraw a plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60[3]; People v. White, 226 A.D.2d 750 ). In addition, the defendant's pleas were voluntarily, knowingly, and intelligently entered into (see, People v. Harris, 61 N.Y.2d 9 ).

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 605 (N.Y. App. Div. 2000)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, etc., respondent, v. KIRBY SMITH, a/k/a ROGER ANDREWS…

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

Date published: Jan 31, 2000

Citations

268 A.D.2d 605 (N.Y. App. Div. 2000)
702 N.Y.S.2d 852

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