People v. Kucharczyk

• Decision Date: 22 February 2005
• Docket Number: 2002-04337.
• Citation: 2005 NY Slip Op 01378,15 A.D.3d 595,790 N.Y.S.2d 522
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS KUCHARCZYK, Appellant.
• Court: New York Supreme Court — Appellate Division

15 A.D.3d 595

790 N.Y.S.2d 522

2005 NY Slip Op 01378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v.LOUIS KUCHARCZYK, Appellant.

2002-04337.

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 22, 2005.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered April 23, 2002, convicting him of criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision to permit a defendant to withdraw a plea of guilty is a matter for the sound discretion of the court(seePeople v Selikoff,35 NY2d 227[1974], cert denied419 US 1122[1975];People v Johnson,288 AD2d 491[2001]).Here, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed (seePeople v Selikoff, supra at 241;People v Kostka,292 AD2d 634[2002];cf.People v McCready,296 AD2d 423[2002]).Accordingly, there was no basis for the County Court to grant his request to withdraw his plea.

Santucci, J.P., Krausman, Mastro and Skelos, JJ., concur.