Legal Opinion

People v. Madden

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

Decided September 17, 1992Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 2, 1990, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 1 to 3 years, to run consecutively to an unrelated 1 year term of imprisonment, unanimously affirmed.

The court was not obligated sua sponte to offer defendant an opportunity to withdraw his guilty plea after his arrest on an unrelated charge. Whether to permit withdrawal of a plea is, rather, a matter left to the court’s discretion (CPL 220.60…

2Cases cited2 opinions

  1. People v. MillerNew York Court of Appeals · 1977
  2. People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1990

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