People v. Fernandez
| Citation | 291 A.D.2d 456,737 N.Y.S.2d 545 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>LUIS FERNANDEZ, Appellant. |
| Decision Date | 11 February 2002 |
| Court | New York Supreme Court — Appellate Division |
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 motion to withdraw his plea, since his unsubstantiated claims of innocence and coercion were refuted by his statements during the plea allocution (see, People v Badger, 288 AD2d 485; People v Marzocco, supra; People v DeLeon, 254 AD2d 430; People v Rosa, 239 AD2d 364; People v Lisbon, 187 AD2d 457).
The defendant's claim of ineffective assistance of counsel is without merit (see, People v Marzocco, supra; People v DeLeon, supra).
To continue reading
Request your trial
-
People v. Boehm, 2004 NY Slip Op 50945(U) (NY 8/30/2004)
... ... See People v. Carter, 304 AD.2d 771, 757 N.Y.S.2d 776 (2d Dept. 2003)(defendant not entitled to withdraw plea by claiming coercion and dissatisfaction with counsel and promised sentence; court properly exercised discretion denying withdrawal); People v. Fernandez, 291 A.D.2d 456, 737 N.Y.S.2d 545 (2d Dept. 2002)(unsubstantiated claims of coercion and innocence refuted by plea allocution and court properly exercised discretion denying plea withdrawal); People v. Rosa, 239 A.D.2d 364, 657 N.Y.S.2d 94 (2d Dept. 1997)(defendant not permitted to withdraw Alford ... ...
- People v. Douglas
- People v. Gardner