People v. Kucharczyk, 2002-04337.
| 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 |
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.
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