People v. Tillinghast

Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered January 31, 1994, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

This appeal arises out of County Court’s denial, without an evidentiary hearing, of defendant’s motion to withdraw his plea of guilty to the crime of criminal possession of a controlled substance in the third degree.

Initially, we reject the People’s argument that defendant waived his right to appeal as County Court (Friedlander, J.) failed to ascertain on the record…