Legal Opinion
People v. Kucharczyk
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2005PublishedCited by 22 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered April 23, 2002, convicting him of criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The decision to permit a defendant to withdraw a plea of guilty is a matter for the sound discretion of the court (see People v Selikoff, 35 NY2d 227 [1974], cert denied 419 US 1122 [1975]; People v Johnson, 288 AD2d 491 [2001]). Here, the defendant pleaded guilty with the understanding that he would receive the sentence which was…
2Cases cited4 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- People v. McCreadyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. KostkaAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by22 opinions
- People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PoolerAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HaffizAppellate Division of the Supreme Court of the State of New York · 2010
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