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People v. White

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 750 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgments are affirmed.

We reject the defendant's contention that the Supreme Court erred in denying his motion to withdraw his pleas of guilty. The determination as to whether to allow a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court ( see, CPL 220.60; People v. Frederick, 45 N.Y.2d 520; People v. Stubbs, 110 A.D.2d 725). The defendant's bare assertion of innocence was insufficient to warrant withdrawal of his pleas ( see, People v Bourdonnay, 160 A.D.2d 1014). In addition, the defendant's pleas were voluntarily, knowingly, and intelligently entered into ( see, People v. Harris, 61 N.Y.2d 9). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 750 (N.Y. App. Div. 1996)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE WHITE…

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

Date published: Apr 29, 1996

Citations

226 A.D.2d 750 (N.Y. App. Div. 1996)
642 N.Y.S.2d 538

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