People v. Cummings
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 July 13, 2005, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15 AD3d 595 [2005]), whose determination generally will not be disturbed absent an…
2Cases cited9 opinions
- People v. SeeberNew York Court of Appeals · 2005
- People v. MannAppellate Division of the Supreme Court of the State of New York · 2006
- People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. De JesusAppellate Division of the Supreme Court of the State of New York · 1993
- People v. KucharczykAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BivensAppellate Division of the Supreme Court of the State of New York · 2011
- People v. VillalobosAppellate Division of the Supreme Court of the State of New York · 2010