People v. Martin
| Decision Date | 06 May 1996 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., Respondent, v. Edward MARTIN, Appellant. |
Alicia S. O'Connor, West Islip, for appellant.
James M. Catterson, Jr., District Attorney, Riverhead (Michael J. Miller, of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 16, 1994, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea. Upon our review of the record, we conclude that the defendant failed to establish his burden of proving that his plea of guilty was not knowingly, voluntarily, and intelligently entered (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Nixon, 21 N.Y.2d 338, 353, 287 N.Y.S.2d 659, 234 N.E.2d 687; People v. Montford, 134 A.D.2d 207, 521 N.Y.S.2d 7).
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People v. Boehm, 2004 NY Slip Op 50945(U) (NY 8/30/2004)
...614 N.Y.S.2d 151 (2d Dept. 1994); People v. Stevens, 193 A.D.2d 635, 598 N.Y.S.2d 967 (2d Dept. 1993); see also People v. Martin, 227 A.D.2d 416, 642 N.Y.S.2d 548 (2d Dept. 1996). The trial judge, best able to determine a motion to withdraw a guilty plea, is given discretion to determine if......
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