People v. Brownlee

Decision Date20 February 1990
Citation551 N.Y.S.2d 581,158 A.D.2d 610
PartiesThe PEOPLE, etc., Respondent, v. Ernest BROWNLEE, Appellant.
CourtNew York Supreme Court — Appellate Division

John F. Clennan, Ronkonkoma, for appellant.

Kenneth Gribetz, Dist. Atty., New City (Michael P. O'Connor, of counsel), for respondent.

Before MANGANO, J.P., and BRACKEN, RUBIN, KOOPER and ROSENBLATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 10, 1987, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v. Rodriguez, 150 A.D.2d 812, 542 N.Y.S.2d 234; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235; People v. Stubbs, 110 A.D.2d 725, 487 N.Y.S.2d 824). There exists no hard-and-fast rule which sets forth the nature and extent of the fact-finding procedures necessary to the disposition of motions to withdraw guilty pleas previously entered (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544). Rather, the Judge hearing the motion "must exercise his discretion in affording defendant a reasonable opportunity to advance his claims from which an informed and prudent determination can be rendered" (People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332).

In the instant case, the defendant knowingly and voluntarily made a complete and detailed plea allocution in the presence of competent counsel--with whom the defendant had expressed satisfaction at the time of the plea--after the court had fully apprised the defendant of the...

To continue reading

Request your trial
14 cases
  • People v. Zaia
    • United States
    • New York Supreme Court — Appellate Division
    • March 30, 1992
    ...v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. James, 159 A.D.2d 723, 724, 553 N.Y.S.2d 443; People v. Brownlee, 158 A.D.2d 610, 551 N.Y.S.2d 581). The defendant's belated claim of ineffective assistance of counsel is flatly refuted by the record of the plea proceedi......
  • People v. Draper
    • United States
    • New York Supreme Court — Appellate Division
    • December 9, 1991
    ...v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. James, 159 A.D.2d 723, 724-725, 553 N.Y.S.2d 443; People v. Brownlee, 158 A.D.2d 610, 551 N.Y.S.2d 581; People v. Long, 157 A.D.2d 504, 549 N.Y.S.2d 696; see also, People v. Seger, 171 A.D.2d 892, 567 N.Y.S.2d 554; People v.......
  • People v. Davis
    • United States
    • New York Supreme Court — Appellate Division
    • April 15, 1991
    ...to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v. Brownlee, 158 A.D.2d 610, 551 N.Y.S.2d 581; People v. Hagzan, 155 A.D.2d 616, 547 N.Y.S.2d 670). In the case at bar, the defendant knowingly and voluntarily made a compl......
  • People v. Alicea
    • United States
    • New York Supreme Court — Appellate Division
    • March 29, 1993
    ...to him (see, People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527; People v. Williams, 178 A.D.2d 570, 577 N.Y.S.2d 656; People v. Brownlee, 158 A.D.2d 610, 551 N.Y.S.2d 581). ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT