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PEOPLE v. MATOS

2018-03410, Ind. No. 206/15.

176 A.D.3d 976 (2019)

108 N.Y.S.3d 354

2019 NY Slip Op 07418

The People of the State of New York, Respondent, v. Jesus Matos, Appellant.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Katherine A. Triffon of counsel), for respondent.

David Zucker , Kew Gardens, NY, for appellant.

Dillon, J.P., Cohen, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is affirmed.

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion (see CPL 220.60[3]; People v Caruso, 88 A.D.3d 809, 809 [2011]). Such a motion "must be premised upon some evidence of possible innocence or of fraud, mistake, coercion...

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