[Download] "People v. Donald Dickerson" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People v. Donald Dickerson
- Author : Supreme Court of New York
- Release Date : January 30, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DECISION & ORDER We find no merit to the defendant's contention that he should have been permitted to withdraw his guilty plea. The decision to permit the withdrawal of a guilty plea rests within the sound discretion of the court (CPL 260.60[3]).
The defendant's unsupported conclusory allegations of innocence did not warrant the vacatur of his guilty plea (see, People v Tuttle, 141 A.D.2d 584; People v Melendez, 135 A.D.2d 660). Despite his subsequent protestations, the defendant knowingly,
intelligently and voluntarily pleaded guilty to the instant burglary charge upon the advice of counsel and in satisfaction of a multiple county indictment, and in so doing he secured the minimum sentence allowable. Moreover it is evidence that this defendant, who was not a criminal novice, was primarily interested in attempting to secure a lighter sentence and that his allocution adequately factually established his guilt of the crime charged. Accordingly it was not an improvident exercise of the court's discretion to deny the defendant's motion to withdraw his plea without holding a hearing. Disposition ORDERED that the judgment is affirmed.