People v. Mack

90 A.D.3d 784, 934 N.Y.2d 347
Appellate Division of the Supreme Court of the State of New York·Decided December 13, 2011·Published·Cited by 1 cases

Opinion

[785]*785Upon this Court’s independent review of the record, we conclude that a nonfrivolous issue exists as to whether the County Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty (see People v Peoples, 24 AD3d 689, 690 [2005]; People v Terry, 169 AD2d 745, 746 [1991]; see generally Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 260 [2d Dept 2011]). Accordingly, assignment of new counsel is warranted. Rivera, J.P, Florio, Eng, Hall and Cohen, JJ., concur.

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People v. Mack, 90 A.D.3d 784, 934 N.Y.2d 347 (N.Y. Ct. App. 2011).

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