People v. Lewis
| Citation | 170 A.D.2d 538,566 N.Y.S.2d 95 |
| Parties | The PEOPLE, etc., Respondent, v. Derrick LEWIS, Appellant. |
| Decision Date | 11 February 1991 |
| Court | New York Supreme Court Appellate Division |
Philip L. Weinstein, New York City (Edward S. Graves, of counsel), for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen and Tammy J. Smiley, of counsel; Stuart A. Minkowitz, on the brief), for respondent.
Before MANGANO, P.J., and KUNZEMAN, KOOPER, SULLIVAN and RITTER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (G. Goldstein, J.), rendered April 13, 1988, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the court improvidently exercised its discretion in denying his motion to withdraw his plea of guilty. We disagree. It is well settled that the decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see, People v. Hagzan, 155 A.D.2d 616, 547 N.Y.S.2d 670; People v. Gomez, 142 A.D.2d 649, 531 N.Y.S.2d 14). The defendant alleged, in his pro se motion to withdraw his plea, that he was coerced by his prior counsel into accepting the plea offer of 15 years to life imprisonment and was misled by counsel's statement that he would be eligible for work release after nine years. The court held a hearing at which both the defendant and his prior counsel testified. The court credited the testimony of counsel and discredited that of the defendant. It is settled that issues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous (see, People v. Armstead, 98 A.D.2d 726, 469 N.Y.S.2d 137).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
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People v. Lewis
...defendant did not seek leave to appeal the 1989 decision. On February 11, 1991, defendant's conviction was affirmed (People v. Lewis, 170 A.D.2d 538, 566 N.Y.S.2d 95). On May 1, 1991, leave to appeal to the Court of Appeals was denied (People v. Lewis, 78 N.Y.2d 969, 574 N.Y.S.2d 948, 580 N......
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People v. Young
...are primarily for the hearing court and that its findings should be upheld unless they are clearly erroneous (People v. Lewis, 170 A.D.2d 538, 566 N.Y.S.2d 95; People v. Armstead, 98 A.D.2d 726, 469 N.Y.S.2d 137). At the Huntley hearing, it was established that the defendant made his inculp......
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People v. Hakim
...People v. Sears, 204 A.D.2d 578, at 579, 614 N.Y.S.2d 207; People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527; People v. Lewis, 170 A.D.2d 538, 566 N.Y.S.2d 95). Where, as here, the defendant knowingly and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, ......
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People v. Sears
...of guilty rests within the sound discretion of the trial court (see, People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527; People v. Lewis, 170 A.D.2d 538, 566 N.Y.S.2d 95; People v. Hagzan, 155 A.D.2d 616, 547 N.Y.S.2d 670). The defendant knowingly and voluntarily pleaded guilty in the prese......