People v. Rossetti

Appellate Division of the Supreme Court of New York

People v. Rossetti

95 A.D.3d 1362, 944 N.Y.S.2d 911

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

DecidedMay 30, 2012

StatusPublished

Cited by2 cases

This text of 95 A.D.3d 1362 (People v. Rossetti) 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. Rossetti, 95 A.D.3d 1362, 944 N.Y.S.2d 911 (N.Y. Ct. App. 2012).

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Opinion

Appeal by the defendant from a resentence of the County Court, Putnam County (Reitz, J.), imposed December 2, 2008, upon remittitur from this Court (see People v Rossetti, 55 AD3d 637 [2008]), upon his convictions of assault in the first degree and driving while intoxicated, upon his plea of guilty.

Ordered that the resentence is affirmed.

Contrary to the contention of the defendant, the County Court, which, upon remittitur, had the “discretion” to “afford” him “an opportunity to withdraw his plea” (People v Rossetti, 55 AD3d 637, 637 [2008]), properly denied his request to withdraw his plea of guilty. A defendant’s request to withdraw a plea of guilty should “not be granted merely for the asking” (People v Alexander, 97 NY2d 482, 485 [2002]), and the defendant, whose plea was knowingly, voluntarily, and intelligently made (see People v Harris, 61 NY2d 9, 17 [1983]), failed to articulate a persuasive reason warranting vacatur of the plea. Skelos, J.P., Florio, Roman and Miller, JJ., concur.

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Appeal by the defendant from a resentence of the County Court, Putnam County (Reitz, J.), imposed December 2, 2008, upon remittitur from this Court (see People v Rossetti, 55 AD3d 637 [2008]), upon his convictions of assault in the first degree and driving while intoxicated, upon his plea of guilty.

Ordered that the resentence is affirmed.

Contrary to the contention of the defendant, the County Court, which, upon remittitur, had the “discretion” to “afford” him “an opportunity to withdraw his plea” (People v Rossetti, 55 AD3d 637, 637 [2008]), properly denied his request to withdraw his plea of guilty. A defendant’s request to withdraw a plea of guilty should “not be granted merely for the asking” (People v Alexander, 97 NY2d 482, 485 [2002]), and the defendant, whose plea was knowingly, voluntarily, and intelligently made (see People v Harris, 61 NY2d 9, 17 [1983]), failed to articulate a persuasive reason warranting vacatur of the plea. Skelos, J.P., Florio, Roman and Miller, JJ., concur.

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Bluebook (online)

95 A.D.3d 1362, 944 N.Y.S.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rossetti-nyappdiv-2012.

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