Appellate Division of the Supreme Court of New York, 2000

People v. Marzocco

Appellate Division of the Supreme Court of New York · Decided December 26, 2000

278 A.D.2d 515; 717 N.Y.S.2d 917; 2000 N.Y. App. Div. LEXIS 13927

Cases that cite this one

6 later published cases cite this decision.

People v. Fernandez (Appellate Division of the Supreme Court of New York 2002)
People v. Badger (Appellate Division of the Supreme Court of New York 2001)
People v. Scott (Appellate Division of the Supreme Court of New York 2003)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2002)
People v. Rangolan (Appellate Division of the Supreme Court of New York 2002)
People v. Mastridge (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered October 1, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v Ramsingh, 267 AD2d 406). The trial court providently exercised its discretion in denying the defendant’s motion to withdraw his plea without holding a hearing since the defendant’s unsubstantiated claim of innocence was refuted by his earlier admission of guilt (see, People v Eschenberg, 275 AD2d 719).

*516The defendant’s claim of ineffective assistance of counsel is without merit (see, People v Sosa, 258 AD2d 312; People v Knowles, 256 AD2d 592). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.