PEOPLE v. MARTIN


240 A.D.2d 5 (1998)

669 N.Y.S.2d 268

The People of the State of New York, Respondent, v. Cardlin Martin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 1998


Attorney(s) appearing for the Case

Karan B. Aronskind for appellant.

Robert F. Petrone of counsel (Stanley R. Kaplan on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

WALLACH and RUBIN, JJ., concur with TOM, J.; ROSENBERGER, J. P., dissents in a separate opinion.


TOM, J.

The narrow issue under review concerns the propriety of the trial court's exercise of discretion in denying defendant's presentence motion to withdraw his guilty plea based on recently discovered, purportedly exculpatory, information that the arresting officers were the subject of a departmental investigation involving corrupt activities.

Police Officers Dwayne Townsend and Rich Rivera testified...

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