People v. Martin
| Decision Date | 11 February 2016 |
| Citation | 136 A.D.3d 1110,25 N.Y.S.3d 397 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Timothy MARTIN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
136 A.D.3d 1110
25 N.Y.S.3d 397
The PEOPLE of the State of New York, Respondent,
v.
Timothy MARTIN, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 11, 2016.
William J. Better, Kinderhook, for appellant.
Joel E. Abelove, District Attorney, Troy (Vincent J. O'Neill of counsel), for respondent.
Before: McCARTHY, J.P., GARRY, LYNCH, DEVINE and CLARK, JJ.
LYNCH, J.
Appeal from a judgment of the County Court of Rensselaer County (Young, J.), rendered September 27, 2013, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.
Defendant waived indictment and pleaded guilty to a superior court information charging him with attempted burglary in the third degree. Under the terms of the plea agreement, defendant agreed to enter into the Judicial Diversion Program with the understanding that, upon successful completion of the program and a period of probation, he could be presented with the opportunity to withdraw his guilty plea and plea to a misdemeanor. The agreement further provided that if defendant was terminated from, or failed to complete, the program, County Court would sentence him, as a second felony offender, to a prison term of 2 to 4 years. As a result of testing positive for drugs and then absconding to Florida for over a
year, defendant did not complete the program. County Court denied defendant's subsequent motion to withdraw his guilty plea and, in accordance with the plea agreement, sentenced him to a prison term of 2 to 4 years. Defendant appeals, and we affirm.
"Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent ‘some evidence of innocence, fraud or...
To continue reading
Request your trial
-
People v. Khan
...Court, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” (People v. Martin, 136 A.D.3d 1110, 1111, 25 N.Y.S.3d 397 [2016] [internal quotation marks and citations omitted] ). A hearing is required only when “the record presents a genui......
-
People v. Chaires
...marks and citations omitted], lv. denied 15 N.Y.3d 922, 913 N.Y.S.2d 649, 939 N.E.2d 815 [2010] ; accord People v. Martin, 136 A.D.3d 1110, 1111, 25 N.Y.S.3d 397 [2016] ). A review of the plea colloquy reveals that County Court informed defendant of the ramifications of the plea, including ......
-
People v. Plass
...887 N.Y.S.2d 370 [2009] [citations omitted], lv. denied 14 N.Y.3d 799, 899 N.Y.S.2d 133, 925 N.E.2d 937 [2010] ; see People v. Martin, 136 A.D.3d 1110, 1111, 25 N.Y.S.3d 397 [2016] ). In support of his motion, defendant contended that his plea was not knowing and voluntary in that he did no......
- People v. Smith