People v. Cummings
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered July 13, 2005, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15 AD3d 595 [2005]), whose determination generally will not be disturbed absent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008 [2007]). In this case, the record reveals that the defendant entered his plea of guilty knowingly, voluntarily, and intelligently, having reached a favorable plea bargain with the assistance of competent counsel, with whose representation the defendant was satisfied (see People v Mann, 32 AD3d 865 [2006]). The defendant’s generalized and unsubstantiated claim of innocence at the time of sentencing was not sufficient to warrant the vacatur of the plea of guilty (see People v De Jesus, 199 AD2d 529, 530 [1993]; People v Carter, 191 AD2d 640 [1993]; People v Stephens, 175 AD2d 272 [1991]; People v Williams, 156 AD2d 497 [1989]).
The defendant’s contention that the resentencing provisions of the Drug Law Reform Act of 2005 (L 2005, ch 643; hereinafter the Act) violate the Equal Protection Clause of the United
The defendant’s remaining contentions are without merit. Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.