After reviewing the parties' extensive submissions and employing its own familiarity with the case, the court properly denied defendant's motion to withdraw his guilty plea, in which he alleged ineffective assistance of counsel. In deciding such a motion, "[t]he nature and extent of the fact-finding procedures. . . rest largely in the discretion of the Judge to whom the motion is made. Only in the rare instance will a defendant be entitled to an evidentiary hearing." (
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PEOPLE v. GARCIA
62 A.D.3d 507 (2009)
878 N.Y.S.2d 362
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GARCIA, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
May 14, 2009.
May 14, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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