People v. Marzocco

Appellate Division of the Supreme Court of New York

People v. Marzocco

278 A.D.2d 515, 717 N.Y.S.2d 917, 2000 N.Y. App. Div. LEXIS 13927

Appellate Division of the Supreme Court of the State of New York·Decided December 26, 2000·Published·Cited by 6 cases

Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered October 1, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v Ramsingh, 267 AD2d 406). The trial court providently exercised its discretion in denying the defendant’s motion to withdraw his plea without holding a hearing since the defendant’s unsubstantiated claim of innocence was refuted by his earlier admission of guilt (see, People v Eschenberg, 275 AD2d 719).

[516]*516The defendant’s claim of ineffective assistance of counsel is without merit (see, People v Sosa, 258 AD2d 312; People v Knowles, 256 AD2d 592). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered October 1, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v Ramsingh, 267 AD2d 406). The trial court providently exercised its discretion in denying the defendant’s motion to withdraw his plea without holding a hearing since the defendant’s unsubstantiated claim of innocence was refuted by his earlier admission of guilt (see, People v Eschenberg, 275 AD2d 719).

[516]*516The defendant’s claim of ineffective assistance of counsel is without merit (see, People v Sosa, 258 AD2d 312; People v Knowles, 256 AD2d 592). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

People v. Marzocco, 278 A.D.2d 515, 717 N.Y.S.2d 917, 2000 N.Y. App. Div. LEXIS 13927 (N.Y. Ct. App. 2000).

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