PEOPLE v. MARTINEZ-GALDAMEZ

2019-08346. Ind. No. 18-166.

193 A.D.3d 764 (2021)

141 N.Y.S.3d 864

2021 NY Slip Op 02178

The People of the State of New York, Respondent, v. Henry Martinez-Galdamez, Appellant.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

The Ugell Law Firm, P.C., New City, NY ( Scott B. Ugell of counsel), for appellant.

Thomas E. Walsh II , District Attorney, New City, NY ( Jacob B. Sher of counsel), for respondent.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was charged, by grand jury indictment, with assault in the first degree and assault in the second degree. The charges related to an incident in which the defendant allegedly struck a victim with a bottle during an altercation at a bar.

The County Court providently exercised its discretion in denying, without a hearing, the defendant's motions to withdraw his plea of guilty. A motion to withdraw a plea of...

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