Legal Opinion
People v. Ellerbe
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1997PublishedCited by 10 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered March 6,1995, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The decision to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (CPL 220.60 [3]). In this case, the defendant’s unsupported allegations of innocence and that his attorney coerced him into accepting the plea did not warrant the vacatur of his plea of guilty (see, People v Dickerson, 163 AD2d 610; People v…
2Cases cited2 opinions
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. TuttleAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by10 opinions
- People v. CharlesAppellate Division of the Supreme Court of the State of New York · 1998
- People v. PoliteAppellate Division of the Supreme Court of the State of New York · 1999
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2000
- People v. McCainAppellate Division of the Supreme Court of the State of New York · 1999
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1999
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