People v Mack

People v Mack 2012 NY Slip Op 07129 Decided on October 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2009-11647
(Ind. No. 08-00778)

[*1]The People of the State of New York, respondent,

v

Rickey Mack, appellant.




Thomas T. Keating, Dobbs Ferry, N.Y. (Joseph M. Angiolillo of
counsel), for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert
H. Middlemiss of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered October 27, 2009, convicting him of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the sound discretion of the court (see CPL 220.60[3]; People v Seeber, 4 NY3d 780). Contrary to the defendant's contention, the County Court providently exercised its discretion in denying his motion to withdraw his plea of guilty (see People v Sloane, 13 AD3d 400).
DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court