From Casetext: Smarter Legal Research

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 967 (N.Y. App. Div. 1991)

Opinion

October 28, 1991

Appeal from the Supreme Court, Kings County (Kreindler, J.).


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 sentencing court (see, People v. Pettway, 140 A.D.2d 721; People v. Melendez, 135 A.D.2d 660). As a defendant may not withdraw a guilty plea by an unsupported assertion of innocence where the plea was voluntarily made with the advice of competent counsel following an appraisal of all the relevant facts (see, People v. Tannenbaum, 116 A.D.2d 677), we find that the sentencing court did not improvidently exercise its discretion when the defendant made a bald statement that he was "taking the weight for somebody else" and then refused to elaborate when asked to do so by the court. Bracken, J.P., Kunzeman, Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 967 (N.Y. App. Div. 1991)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MITCHELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 28, 1991

Citations

176 A.D.2d 967 (N.Y. App. Div. 1991)

Citing Cases

People v. Alvarado

The defendant contends that he was induced to plead guilty by the threat of a heavier sentence if he went to…