People v. Kucharczyk, 2002-04337.

Decision Date22 February 2005
Docket Number2002-04337.
Citation2005 NY Slip Op 01378,15 A.D.3d 595,790 N.Y.S.2d 522
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS KUCHARCZYK, Appellant.
CourtNew York Supreme Court — Appellate Division

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 (see People v Selikoff, 35 NY2d 227 [1974], cert denied 419 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 (see People 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.

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8 cases
  • People v. Bruno
    • United States
    • New York Supreme Court Appellate Division
    • May 11, 2010
    ...707; People v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616; People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522), and this determination generally will not be disturbed absent an improvident exercise of discretion ( see People v. Pooler, 5......
  • People v. Haffiz
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2010
    ...v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616;77 A.D.3d 768People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522), "and this determination generally will not be disturbed absent an improvident exercise of discretion" ( People v. Pooler, 58 ......
  • People v. Amanze
    • United States
    • New York Supreme Court Appellate Division
    • September 27, 2011
    ...707; People v. Drago, 50 A.D.3d 920, 920, 855 N.Y.S.2d 252; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616; People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522). The County Court's “determination generally will not be disturbed absent an improvident exercise of discretion” ( People v. Mc......
  • People v. Milton
    • United States
    • New York Supreme Court Appellate Division
    • November 13, 2013
    ...N.Y.S.2d 538]People v. Pooler, 58 A.D.3d 757, 871 N.Y.S.2d 707;People v. Mann, 32 A.D.3d 865, 866, 821 N.Y.S.2d 616;People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522). The defendant's remaining contentions are without...
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