Legal Opinion

People v. McClurkin

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

Decided June 6, 2012Published

1Opinion of the Court

*785Appeals by the defendant from two judgments of the County Court, Suffolk County (Gazzillo, J.), both rendered October 27, 2008, convicting him of attempted assault in the first degree under Indictment No. 361/07, and criminal sale of a controlled substance in the third degree under Indictment No. 1323/07, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of…

2Cases cited25 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BrownNew York Court of Appeals · 1978
  5. People v. EvansNew York Court of Appeals · 2011

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