People v. Smith

• Decision Date: 09 March 1992
• Citation: 581 N.Y.S.2d 616,181 A.D.2d 751
• Parties: The PEOPLE, etc., Respondent, v. Leo SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 616

581 N.Y.S.2d 616

181 A.D.2d 751

The PEOPLE, etc., Respondent, v. Leo SMITH, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

March 9, 1992

Philip L. Weinstein, New York City (Edward S. Graves, of counsel), for appellant. Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen and Carol Teague Schwartzkopf, of counsel; Alyson J. Gill, on the brief), for respondent.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered April 26, 1990, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant contends that it was error for the court to deny his motion to withdraw his guilty plea. We disagree. The decision of whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Brownlee, 158 A.D.2d 610, 611, 551 N.Y.S.2d 581). There is nothing in the record to indicate that the plea was either improvident or baseless, and the defendant's bare assertions of innocence and confusion are belied by the record (see, People v. Bourdonnay, 160 A.D.2d 1014, 555 N.Y.S.2d 134; People v. Duff, 158 A.D.2d 711, 552 N.Y.S.2d 160).

BRACKEN, J.P., and SULLIVAN, LAWRENCE and EIBER, JJ., concur.