Legal Opinion

People v. Nunez-Bencosme

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2017No. 2016-02812Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, West-chester County (Warhit, J.), rendered February 29, 2016, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit a defendant to withdraw a plea of guilty, as well as the nature and extent of the fact-finding inquiry, rests largely within the sound discretion of the court (see CPL 220.60 [3]; People v Smith, 123 AD3d 950 [2014]), and a hearing will be granted only in rare…

2Cases cited7 opinions

  1. People v. TinsleyNew York Court of Appeals · 1974
  2. People v. AlexanderNew York Court of Appeals · 2002
  3. People v. McGuireAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. McVayAppellate Division of the Supreme Court of the State of New York · 2016

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