Appellate Division of the Supreme Court of New York, 2014

People v. Linares

Appellate Division of the Supreme Court of New York · Decided January 22, 2014

113 A.D.3d 796; 978 N.Y.2d 875

Cases that cite this one

1 later published case cites this decision.

Linares v. Smith (District Court, E.D. New York 2020)

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

The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the trial court (see People v McGhee, 62 AD3d 1027 [2009]), and its determination generally will not be disturbed absent an improvident exercise of discre*797tion (see People v DeLeon, 40 AD3d 1008, 1009 [2007]). Here, the Supreme Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty. The defendant’s claim that his plea was coerced by off-the-record comments by his attorney was contradicted by the thorough plea colloquy (see People v Krasso, 72 AD3d 554 [2010]; People v Wiedmer, 71 AD3d 1067 [2010]).

The defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Dillon, J.P., Leventhal, Chambers and Miller, JJ., concur.

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