Appellate Division of the Supreme Court of New York, 2002

People v. Fernandez

Appellate Division of the Supreme Court of New York · Decided February 11, 2002

291 A.D.2d 456; 737 N.Y.S.2d 545; 2002 N.Y. App. Div. LEXIS 1620

Cases that cite this one

8 later published cases cite this decision.

People v. Boehm (New York Supreme Court, Queens County 2004)
People v. Hughes (Appellate Division of the Supreme Court of New York 2009)
People v. Drago (Appellate Division of the Supreme Court of New York 2008)
People v. Caufield (Appellate Division of the Supreme Court of New York 2008)
People v. Morales (Appellate Division of the Supreme Court of New York 2005)
People v. Scott (Appellate Division of the Supreme Court of New York 2003)
People v. Leggio (Appellate Division of the Supreme Court of New York 2003)
People v. Rangolan (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, Suffolk County (Ohlig, J.), rendered March 15, 2000, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, CPL 220.60 [3]; People v Marzocco, 278 AD2d 515; People v Ochoa, 179 AD2d 689). The trial court providently exercised its discretion in denying, without a hearing, the defendant’s motion to withdraw his plea, since his unsubstantiated claims of innocence and coercion were refuted by his statements during the plea allocution (see, People v Badger, 288 AD2d 485; People v Marzocco, supra; People v DeLeon, 254 AD2d 430; People v Rosa, 239 AD2d 364; People v Lisbon, 187 AD2d 457).

The defendant’s claim of ineffective assistance of counsel is without merit (see, People v Marzocco, supra; People v DeLeon, supra). Prudenti, P.J., Florio, S. Miller, Friedmann and Adams, JJ., concur.

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