People v. Sain

Appellate Division of the Supreme Court of New York

People v. Sain

261 A.D.2d 488, 691 N.Y.S.2d 64, 1999 N.Y. App. Div. LEXIS 4716

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

DecidedMay 10, 1999

StatusPublished

Cited by7 cases

This text of 261 A.D.2d 488 (People v. Sain) 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. Sain, 261 A.D.2d 488, 691 N.Y.S.2d 64, 1999 N.Y. App. Div. LEXIS 4716 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Ryan, J.), rendered April 18, 1997, convicting him of robbery in the first degree (2 counts), robbery in the second degree (3 counts), grand larceny in the third degree, grand larceny in the fourth degree (18 counts), burglary in the first degree, and menacing in the second degree (2 counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The determination as to whether to allow a defendant to [489]*489withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court. Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty (see, CPL 220.60 [3]; People v Frederick, 45 NY2d 520, 524; People v Tinsley, 35 NY2d 926, 927; People v Santana, 176 AD2d 360). The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea without conducting a hearing.

The defendant’s contention that the indictment was jurisdictionally defective because the Grand Jury which heard the case voted an indictment after its term had expired is based on matters which are dehors the record. Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Ryan, J.), rendered April 18, 1997, convicting him of robbery in the first degree (2 counts), robbery in the second degree (3 counts), grand larceny in the third degree, grand larceny in the fourth degree (18 counts), burglary in the first degree, and menacing in the second degree (2 counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The determination as to whether to allow a defendant to [489]*489withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court. Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty (see, CPL 220.60 [3]; People v Frederick, 45 NY2d 520, 524; People v Tinsley, 35 NY2d 926, 927; People v Santana, 176 AD2d 360). The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea without conducting a hearing.

The defendant’s contention that the indictment was jurisdictionally defective because the Grand Jury which heard the case voted an indictment after its term had expired is based on matters which are dehors the record. Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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Bluebook (online)

261 A.D.2d 488, 691 N.Y.S.2d 64, 1999 N.Y. App. Div. LEXIS 4716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sain-nyappdiv-1999.

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