People v. Smith
| Decision Date | 15 March 2017 |
| Citation | 148 A.D.3d 939,49 N.Y.S.3d 501 |
| Parties | The PEOPLE, etc., respondent, v. Aaron N. SMITH, appellant. |
| Court | New York Supreme Court — Appellate Division |
148 A.D.3d 939
49 N.Y.S.3d 501
The PEOPLE, etc., respondent,
v.
Aaron N. SMITH, appellant.
Supreme Court, Appellate Division, Second Department, New York.
March 15, 2017.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.
Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Condon, J.), rendered July 24, 2015, convicting him of criminal possession of a controlled substance in the first degree, upon his plea of guilty, and imposing
sentence, and (2) an amended judgment of the same court, also rendered July 24, 2015, revoking a sentence of probation previously imposed by that court, upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
ORDERED that the judgment and the amended judgment are affirmed.
The County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty. A motion to withdraw a plea of guilty rests within the sound discretion of the court, and generally the court's determination will not be disturbed absent an improvident exercise of discretion (see CPL 220.60[3] ; People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802 ; People v. Street, 144 A.D.3d 711, 711–712, 39 N.Y.S.3d 824 ; People v. Rodriguez, 142 A.D.3d 1189, 1190, 38 N.Y.S.3d 224 ).
"Generally, a plea of guilty may not be withdrawn absent some evidence...
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