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PEOPLE v. CHARLESTON

Nos. 5772, 4809/08.

88 A.D.3d 549 (2011)

931 N.Y.S.2d 226

2011 NY Slip Op 7350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CHARLESTON, Appellant.

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

Decided October 20, 2011.

The court properly denied defendant's motion to withdraw his guilty plea (see People v Frederick, 45 N.Y.2d 520 [1978]). At sentencing, defense counsel simply announced that defendant wished to withdraw his plea. Although defendant and his counsel received a suitable opportunity to speak, neither provided any ground for the motion. Defendant asserts that he also made a written plea withdrawal motion. Although the record on appeal...

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