AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

THE PEOPLE, ETC., respondent, v. MAURICE BADGER, appellant.

ORDERED that the judgment is affirmed.

The determination whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see, People v. Marzocco, 278 A.D.2d 515; People v. McAllister, 248 A.D.2d 641; People v. Flakes, 240 A.D.2d 428). The defendant's unsubstantiated claim of innocence was refuted by an earlier admission of guilt (see, People v. Marzocco, supra; People v. McAllister, supra; People v. Flakes, supra). Thus, the court providently exercised its discretion in denying the defendant's motion to withdraw his plea without a hearing (see, People v. Marzocco, supra; People v. McAllister, supra; People v. Flakes, supra; cf., People v. De Jesus, 199 A.D.2d 529).

RITTER, J.P., FEUERSTEIN, TOWNES and PRUDENTI, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BADGER
(Nov 26, 2001)