People v. Linares

Appellate Division of the Supreme Court of New York

People v. Linares

113 A.D.3d 796, 978 N.Y.2d 875

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

DecidedJanuary 22, 2014

StatusPublished

Cited by1 cases

This text of 113 A.D.3d 796 (People v. Linares) 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. Linares, 113 A.D.3d 796, 978 N.Y.2d 875 (N.Y. Ct. App. 2014).

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Opinion

The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the trial court (see People v McGhee, 62 AD3d 1027 [2009]), and its determination generally will not be disturbed absent an improvident exercise of discre[797]*797tion (see People v DeLeon, 40 AD3d 1008, 1009 [2007]). Here, the Supreme Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty. The defendant’s claim that his plea was coerced by off-the-record comments by his attorney was contradicted by the thorough plea colloquy (see People v Krasso, 72 AD3d 554 [2010]; People v Wiedmer, 71 AD3d 1067 [2010]).

The defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Dillon, J.P., Leventhal, Chambers and Miller, JJ., concur.

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The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the trial court (see People v McGhee, 62 AD3d 1027 [2009]), and its determination generally will not be disturbed absent an improvident exercise of discre[797]*797tion (see People v DeLeon, 40 AD3d 1008, 1009 [2007]). Here, the Supreme Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty. The defendant’s claim that his plea was coerced by off-the-record comments by his attorney was contradicted by the thorough plea colloquy (see People v Krasso, 72 AD3d 554 [2010]; People v Wiedmer, 71 AD3d 1067 [2010]).

The defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Dillon, J.P., Leventhal, Chambers and Miller, JJ., concur.

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Bluebook (online)

113 A.D.3d 796, 978 N.Y.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-linares-nyappdiv-2014.

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