People v. Ricketts

Appellate Division of the Supreme Court of New York

People v. Ricketts

16 A.D.3d 438, 790 N.Y.S.2d 391, 2005 N.Y. App. Div. LEXIS 2354

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

DecidedMarch 7, 2005

StatusPublished

This text of 16 A.D.3d 438 (People v. Ricketts) 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. Ricketts, 16 A.D.3d 438, 790 N.Y.S.2d 391, 2005 N.Y. App. Div. LEXIS 2354 (N.Y. Ct. App. 2005).

Pincite

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered November 8, 2002, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

[439]*439Ordered that the judgment is affirmed.

The decision of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see CPL 220.60 [3]; People v Sloane, 13 AD3d 400 [2004]; People v Raymond, 3 AD3d 587 [2004]). In this case, the Supreme Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty.

The defendant’s plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536 [1993]; People v Sloane, supra).

The defendant’s remaining contentions either are unpreserved for appellate review, not properly before this Court, or without merit. H. Miller, J.P., Cozier, S. Miller and Fisher, JJ., concur.

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