People v. Lee

• Decision Date: 13 July 1987
• Citation: 132 A.D.2d 625,517 N.Y.S.2d 778
• Parties: The PEOPLE, etc., Respondent, v. Leonard LEE, a/k/a Justice, a/k/a Black, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 778

517 N.Y.S.2d 778

132 A.D.2d 625

The PEOPLE, etc., Respondent, v. Leonard LEE, a/k/a Justice, a/k/a Black, Appellant.

Supreme Court, Appellate Division, Second Department.

July 13, 1987.

Richard N. Lentino, Middletown, for appellant.

Francis D. Phillips II, Dist. Atty., Goshen (Barbara J. Strauss, of counsel), for respondent.

Before MOLLEN, P.J., and BROWN, WEINSTEIN, EIBER and HARWOOD, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Orange County (Rosato, J.), rendered January 20, 1984, 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 guilty plea rests within the sound discretion of the sentencing court (CPL 220.60 People v. Stubbs, 110 A.D.2d 725, 727, 487 N.Y.S.2d 824; People v. Kelsch, 96 A.D.2d 677, 678, 466 N.Y.S.2d 535). In the instant case, the plea was knowingly and voluntarily made in the presence of competent counsel after the court had fully apprised the defendant of the consequences of his plea. Inasmuch as the defendant was afforded ample opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing with respect to his conclusory allegations that the officer at the identification hearing had been lying or that the defendant did not feel that he was guilty (see, People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Morris, 107 A.D.2d 973, 975, 484 N.Y.S.2d 697; People v. Kelsch, supra, 96 A.D.2d at 678, 466 N.Y.S.2d 535).