People v. Muccigrosso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The determination whether to grant a motion to vacate a plea of guilty is within the sound discretion of the court (see, CPL 220.60 [3]; People v Peavy, 225 AD2d 1082, 1083, lv denied 88 NY2d 883), and County Court did not abuse its discretion in denying the motion of defendant to vacate his plea of guilty.
Although defendant was granted relief from civil disabilities (see, Correction Law § 702 [1]) at sentencing, the court failed to sign the certificate. Contrary to defendant’s contention, that failure is not a question of law or issue of fact…
2Cases cited2 opinions
- People v. PeavyAppellate Division of the Supreme Court of the State of New York · 1996
- Doczy v. RotkerAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- People v. SchrecengostAppellate Division of the Supreme Court of the State of New York · 2000
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BaxtronAppellate Division of the Supreme Court of the State of New York · 2004
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 2001
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2006