People v. Pooler
| Decision Date | 20 January 2009 |
| Docket Number | 2007-09594. |
| Citation | 871 N.Y.S.2d 707,2009 NY Slip Op 00410,58 A.D.3d 757 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH POOLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The decision to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15 AD3d 595 [2005]), and this determination generally will not be disturbed absent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008 [2007]). Here, the defendant knowingly, voluntarily, and intelligently entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise (see People v Mann, 32 AD3d 865 [2006]). Moreover, contrary to the defendant's arguments, his attorney was not obligated to "participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made" (People v Caple, 279 AD2d 635, 635 [2001]). Nor is there any merit to the defendant's contention that he was denied the effective assistance...
To continue reading
Request your trial
-
People v. Bruno
...within the sound discretion of the court ( see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707; People v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616; People v. Kucharc......
-
People v. Johnson
...People v. Bruno, 73 A.D.3d 941, 942, 900 N.Y.S.2d 447;People v. Smith, 61 A.D.3d 1005, 1005–1006, 876 N.Y.S.2d 900;People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707). Further, contrary to the defendant's contention, the record demonstrates that defense counsel did not take an adversari......
-
People v. Jackson
...826 N.E.2d 797; People v. Duncan, 78 A.D.3d 1193, 912 N.Y.S.2d 283; People v. Haffiz, 77 A.D.3d 767, 909 N.Y.S.2d 490; People v. Pooler, 58 A.D.3d 757, 871 N.Y.S.2d 707). “Only in the rare instance will a defendant be entitled to an evidentiary hearing” ( People v. Tinsley, 35 N.Y.2d 926, 9......
-
People v. McClurkin
...pleas of guilty with the assistance of competent counsel in exchange for the promise of favorable sentences ( see People v. Pooler, 58 A.D.3d 757, 871 N.Y.S.2d 707;People v. Ford, 44 A.D.3d 1070, 844 N.Y.S.2d 400;People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616). The sentencing court did not......