PEOPLE v. NUNEZ

3600, 4139/06.

78 A.D.3d 503 (2010)

911 N.Y.S.2d 50

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STARLIN NUNEZ, Appellant.

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

Decided November 16, 2010.


The sentencing court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea, after affording him a full opportunity to present his claims in writing. Although it denied the motion on the written submissions, it also effectively permitted defendant to supplement it with an oral statement at sentencing, after which the court adhered to its prior decision. "When a defendant moves to withdraw a guilty plea, the nature and extent of the fact...

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