Legal Opinion

People v. Bernard

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

Decided November 2, 1998PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered December 15, 1997, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision of whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v Brooks, 183 AD2d 722; People v Howard, 138 AD2d 525). Here, the sentencing court did not improvidently exercise its discretion in denying the…

2Cases cited4 opinions

  1. People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. HowardAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. People v. StephensAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. StephensAppellate Division of the Supreme Court of the State of New York · 2002

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