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People v. Rangolan

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2002
295 A.D.2d 543 (N.Y. App. Div. 2002)

Opinion

1996-10486

Submitted May 15, 2002.

June 18, 2002.

Appeal by the defendant from a judgment of the County Court, Nassau County (Jonas, J.), rendered October 8, 1996, convicting him of attempted criminal sale of a controlled substance in the fifth degree and criminal sale of marijuana in the fourth degree, upon his plea of guilty, and imposing sentence.

Virginia Boccio, North Massapequa, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Steven R. Bernhard of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., CORNELIUS J. O'BRIEN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see CPL 220.60; People v. Marzocco, 278 A.D.2d 515; People v. DeLeon, 254 A.D.2d 430, 431). In this case, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea, without a hearing, since his unsubstantiated claims of coercion and dissatisfaction with his attorney's representation were refuted by his statements during the plea allocution (see People v. Fernandez, 291 A.D.2d 456; People v. DeLeon, supra).

PRUDENTI, P.J., O'BRIEN, McGINITY and CRANE, JJ., concur.


Summaries of

People v. Rangolan

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2002
295 A.D.2d 543 (N.Y. App. Div. 2002)
Case details for

People v. Rangolan

Case Details

Full title:THE PEOPLE, ETC., respondent, v. NEVILLE RANGOLAN, appellant

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

Date published: Jun 18, 2002

Citations

295 A.D.2d 543 (N.Y. App. Div. 2002)
744 N.Y.S.2d 861

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