People v Levy

People v Levy 2007 NY Slip Op 03167 [39 AD3d 670] April 10, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent,
v
Edward Levy, Appellant.

—[*1] Gordon & Gordon, Forest Hills, N.Y. (Peter S. Gordon of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Megan P. Davis and Malancha Chanda of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered May 11, 2005, convicting him of offering a false instrument for filing in the first 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 trial court (see CPL 220.60 [3]; People v Gutierrez, 35 AD3d 883 [2006]; People v Grimes, 35 AD3d 882 [2006]). In this case, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty (see People v White, 25 AD3d 576 [2006]; People v Rangolan, 295 AD2d 543 [2002]; People v Badger, 288 AD2d 485 [2001]). Miller, J.P., Mastro, Ritter and Balkin, JJ., concur.