People v. Fernandez
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 County Court, Suffolk County (Ohlig, J.), rendered March 15, 2000, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, CPL 220.60 [3]; People v Marzocco, 278 AD2d 515; People v Ochoa, 179 AD2d 689). The trial court providently exercised its discretion in denying, without a hearing, the defendant’s…
2Cases cited6 opinions
- People v. LisbonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. OchoaAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MarzoccoAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BadgerAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by7 opinions
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- People v. LeggioAppellate Division of the Supreme Court of the State of New York · 2003
- People v. RangolanAppellate Division of the Supreme Court of the State of New York · 2002
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