People v. Philpot

2025 NY Slip Op 06623

Opinion

People v Philpot (2025 NY Slip Op 06623)

People v Philpot

2025 NY Slip Op 06623

Decided on November 26, 2025

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 26, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
HELEN VOUTSINAS
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.

2011-04260
(Ind. No. 323/10)

[*1]The People of the State of New York, respondent,

v

John Philpot, appellant.

Samuel Coe, White Plains, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan and Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas De Rosa, J.), rendered April 5, 2011, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

"The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion" (People v Jacob, 94 AD3d 1142, 1143; see CPL 220.60[3]). Here, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty (see People v King, 161 AD3d 1010, 1010; People v Jacob, 94 AD3d at 1143).

Inasmuch as the maximum term of the defendant's sentence expired prior to the determination of this appeal, under the circumstances, any issues that relate to the length of his sentence are academic (see People v Komynar, 210 AD3d 698, 700; People v King, 161 AD3d at 1010).

BRATHWAITE NELSON, J.P., VOUTSINAS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court