People v. Nunez-Bencosme

Appellate Division of the Supreme Court of New York

People v. Nunez-Bencosme

2017 NY Slip Op 9165, 156 A.D.3d 903, 65 N.Y.S.3d 777

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

DecidedDecember 27, 2017

Docket2016-02812

StatusPublished

This text of 2017 NY Slip Op 9165 (People v. Nunez-Bencosme) 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. Nunez-Bencosme, 2017 NY Slip Op 9165, 156 A.D.3d 903, 65 N.Y.S.3d 777 (N.Y. Ct. App. 2017).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, West-chester County (Warhit, J.), rendered February 29, 2016, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit a defendant to withdraw a plea of guilty, as well as the nature and extent of the fact-finding inquiry, rests largely within the sound discretion of the court (see CPL 220.60 [3]; People v Smith, 123 AD3d 950 [2014]), and a hearing will be granted only in rare instances (see People v Tinsley, 35 NY2d 926, 927 [1974]; People v Boyd, 129 AD3d 854 [2015]). Under the circumstances presented here, the Supreme Court providently exercised its discretion in denying the defendant’s motion upon its consideration of the plea minutes and the parties’ written submissions, without further inquiry (see People v McVay, 140 AD3d 1090 [2016]; People v McGuire, 122 AD3d 947 [2014]; People v Mudd, 41 AD3d 281 [2007]).

The defendant’s remaining contention is without merit (see People v Alexander, 97 NY2d 482, 485 [2002]).

Dillon, J.P., Chambers, Cohen and Iannacci, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, West-chester County (Warhit, J.), rendered February 29, 2016, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit a defendant to withdraw a plea of guilty, as well as the nature and extent of the fact-finding inquiry, rests largely within the sound discretion of the court (see CPL 220.60 [3]; People v Smith, 123 AD3d 950 [2014]), and a hearing will be granted only in rare instances (see People v Tinsley, 35 NY2d 926, 927 [1974]; People v Boyd, 129 AD3d 854 [2015]). Under the circumstances presented here, the Supreme Court providently exercised its discretion in denying the defendant’s motion upon its consideration of the plea minutes and the parties’ written submissions, without further inquiry (see People v McVay, 140 AD3d 1090 [2016]; People v McGuire, 122 AD3d 947 [2014]; People v Mudd, 41 AD3d 281 [2007]).

The defendant’s remaining contention is without merit (see People v Alexander, 97 NY2d 482, 485 [2002]).

Dillon, J.P., Chambers, Cohen and Iannacci, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 9165, 156 A.D.3d 903, 65 N.Y.S.3d 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nunez-bencosme-nyappdiv-2017.

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