Legal Opinion

People v. Howard

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

Decided March 14, 1988PublishedCited by 26 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered March 24, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision of whether to permit a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (CPL 220.60 [3]; People v Stubbs, 110 AD2d 725, 727; People v Kelsch, 96 AD2d 677, 678). In the instant case, the plea was knowingly and voluntarily made in the presence of competent counsel…

2Cases cited5 opinions

  1. People v. TinsleyNew York Court of Appeals · 1974
  2. People v. StubbsAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. KelschAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. WickerAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by26 opinions

  1. People v. De JesusAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. GaspardAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. LisbonAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. RossAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989

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