People v. Kyser

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered June 15, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). We conclude that County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea before sentencing.…