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People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 670 (N.Y. App. Div. 2007)

Opinion

No. 2005-05207.

April 10, 2007.

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered May 11, 2005, convicting him of offering a false instrument for filing in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed.

Gordon Gordon, Forest Hills, N.Y. (Peter S. Gordon of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Megan P. Davis and Malancha Chanda of counsel), for respondent.

Before: Miller, J.P., Mastro, Ritter and Balkin, JJ.


A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court ( see CPL 220.60; People v Gutierrez, 35 AD3d 883; People v Grimes, 35 AD3d 882). In this case, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty ( see People v White, 25 AD3d 576; People v Rangolan, 295 AD2d 543; People v Badger, 288 AD2d 485).


Summaries of

People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 670 (N.Y. App. Div. 2007)
Case details for

People v. Levy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD LEVY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 10, 2007

Citations

39 A.D.3d 670 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3167
2007 N.Y. Slip Op. 3166
831 N.Y.S.2d 909

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