People v. Nunez
Opinion of the Court
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 30, 2008, as amended April 23, 2008, convicting defendant, upon his plea of guilty, of attempted conspiracy in the second degree and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.
The sentencing court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea, after affording him a full opportunity to present his claims in writing. Although it denied the motion on the written submissions, it also effectively permitted defendant to supplement it with an oral statement at sentencing, after which the court adhered to its prior decision. “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances” (People v Brown, 14 NY3d 113, 116 [2010] [internal quotation marks omitted]).
The record establishés that the plea was knowing, intelligent and voluntary. Defendant’s claim that his plea resulted from threats from his codefendants was vague and unsubstantiated,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.