People v. Bernard
Appellate Division of the Supreme Court of the State of New York
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
- People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 2004
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 2002