People v. Falaro

Appellate Division of the Supreme Court of New York

People v. Falaro

284 A.D.2d 972, 726 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 5833

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 2001

StatusPublished

Cited by5 cases

This text of 284 A.D.2d 972 (People v. Falaro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Falaro, 284 A.D.2d 972, 726 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 5833 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously affirmed. Memorandum: “The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court” (People v Burroughs, 224 AD2d 1034, lv denied 88 NY2d 845). County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, without conducting a hearing or farther inquiry, where his bare claim of innocence was unsupported by the record and contrary to his admission during the plea proceeding (see, People v Anderson, 270 AD2d 509, 510, lv denied 95 NY2d 792; People v Grigger, 244 AD2d 205, lv denied 91 NY2d 926). (Appeal from Judgment of Cayuga County Court, Corning, J. — Promoting Prison Contraband, 1st Degree.) Present — Green, J. P., Hayes, Hurl-butt, Scudder and Lawton, JJ.

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—Judgment unanimously affirmed. Memorandum: “The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court” (People v Burroughs, 224 AD2d 1034, lv denied 88 NY2d 845). County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, without conducting a hearing or farther inquiry, where his bare claim of innocence was unsupported by the record and contrary to his admission during the plea proceeding (see, People v Anderson, 270 AD2d 509, 510, lv denied 95 NY2d 792; People v Grigger, 244 AD2d 205, lv denied 91 NY2d 926). (Appeal from Judgment of Cayuga County Court, Corning, J. — Promoting Prison Contraband, 1st Degree.) Present — Green, J. P., Hayes, Hurl-butt, Scudder and Lawton, JJ.

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Bluebook (online)

284 A.D.2d 972, 726 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 5833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-falaro-nyappdiv-2001.

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