From Casetext: Smarter Legal Research

People v. Robertson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 968 (N.Y. App. Div. 1998)

Opinion

November 13, 1998

Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Possession Controlled Substance, 5th Degree.

Present — Denman, P. J., Hayes, Pigott, Jr., and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court abused its discretion in denying his motion to withdraw the guilty plea. Permission to withdraw a guilty plea rests solely within the court's discretion ( see, CPL 220.60; People v. Cance, 155 A.D.2d 764, 764-765; People v. Kelsch, 96 A.D.2d 677), and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea ( see, People v. Cance, supra, at 764-765; People v. Randolph, 78 A.D.2d 566). The record belies the contention that defendant was fraudulently induced to enter into the guilty plea by the statement of the prosecutor that there were no outstanding warrants for defendant. The prosecutor told defendant at the plea hearing that there was an outstanding warrant issued by the Buffalo Police Department. In addition, the court allowed defendant and defense counsel to speak at sentencing and the court questioned defendant, thus affording defendant the equivalent of a hearing on the issue of fraudulent inducement ( see, People v. Tinsley, 35 N.Y.2d 926, 927; People v. Sanchez, 210 A.D.2d 57, 58, lv denied 85 N.Y.2d 942). We have considered the remaining contention of defendant and conclude that it is without merit.


Summaries of

People v. Robertson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 968 (N.Y. App. Div. 1998)
Case details for

People v. Robertson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES D. ROBERTSON…

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

Date published: Nov 13, 1998

Citations

255 A.D.2d 968 (N.Y. App. Div. 1998)
681 N.Y.S.2d 919

Citing Cases

People v. Zimmerman

We conclude, however, that defendant's contention is without merit. “Permission to withdraw a guilty plea…

People v. Wolf

Although defendant's contention survives her valid waiver of the right to appeal ( see People v. Sparcino, 78…