Torts · MBE-tested

The People of the State of New York, Respondent, v. Jimmy A. Nash, Appellant

229 A.D.2d 916646 N.Y.S.2d 478·New York Supreme Court, Appellate Division·1996·NY

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Opinion

The People of the State of New York, Respondent, v Jimmy A. Nash, Appellant. [646 NYS2d 478] [MAJORITY] —Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that Supreme Court erred in denying his motion to withdraw his guilty plea or grant him a one-week adjournment. "Whether to permit a defendant to withdraw a previously entered guilty plea is a decision that rests within the sound discretion of the court” (People v Cantu, 202 AD2d 1033). Defendant had ample opportunity to advise the court of the grounds upon which he sought to withdraw the plea (see, People v Jackson, 186 AD2d 389, lv denied 81 NY2d 790) and had been granted numerous previous adjournments. We conclude that, under the circumstances, the court conducted a sufficient inquiry and did not abuse its discretion. (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Assault, 1st Degree.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.