Legal Opinion

People v. Brown

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

Decided June 29, 1998Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered November 16, 1995, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

*678Ordered that the judgment is affirmed.

It is well settled that the right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60 [3]; People v Ellerbe, 237 AD2d 299). The defendant knowingly and voluntarily pleaded guilty in the presence of competent counsel after the…

2Cases cited11 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HarrisNew York Court of Appeals · 1983
  3. People v. PellegrinoNew York Court of Appeals · 1983
  4. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 1992

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