People v. Falaro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: “The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court” (People v Burroughs, 224 AD2d 1034, lv denied 88 NY2d 845). County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, without conducting a hearing or farther inquiry, where his bare claim of innocence was unsupported by the record and contrary to his admission during the plea proceeding (see, People v Anderson, 270 AD2d 509, 510, lv denied 95 NY2d 792; People v Grigger, 244 AD2d 205, lv denied 91 NY2d…
2Cases cited3 opinions
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BurroughsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. GriggerAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KleinAppellate Division of the Supreme Court of the State of New York · 2004
- People v. NashAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
- SMITH, RIAN T., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014