People v. Ehlers

OPINION OF THE COURT

Charles Tomasello, J.

The defendant is charged with and has pleaded guilty to attempted criminal mischief in the fourth degree. (Penal Law, §§ 145.00, 110.00.) He now moves, prior to sentencing, for an order pursuant to CPL 220.60 (subd 3) permitting him to withdraw his guilty plea and to enter a plea of not guilty.

In certain situations, such as where a defendant asserts his innocence, the court should permit him to withdraw the plea or at least conduct a hearing to determine whether the application has merit. (People v Nixon, 21 NY2d 338, 355, cert den 393 US 1067; People…