General

The People of the State of New York, Respondent, v. Edward Levy, Appellant

39 A.D.3d 670831 N.Y.S.2d 909·New York Supreme Court, Appellate Division·2007·NY

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Opinion

The People of the State of New York, Respondent, v Edward Levy, Appellant. [831 NYS2d 909] [MAJORITY] Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered May 11, 2005, convicting him of offering a false instrument for filing in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court (see CPL 220.60 [33; People v Gutierrez, 35 AD3d 883 [2006]; People v Grimes, 35 AD3d 882 [2006]). In this case, the County Court providently exercised its discretion in denying, without a hearing, the defendant’s motion to withdraw his plea of guilty (see People v White, 25 AD3d 576 [2006]; People v Rangolan, 295 AD2d 543 [2002]; People v Badger, 288 AD2d 485 [2001]). Miller, J.P., Mastro, Ritter and Balkm, JJ., concur.