People v Miller

People v Miller 2009 NY Slip Op 09679 [68 AD3d 1134] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Demetri Miller, Appellant.

—[*1] Peter A. Sell, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Michael Maffei on the brief), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Donnino, J.), both rendered March 19, 2007, convicting him of robbery in the third degree (three counts) under indictment No. 933/06, and robbery in the third degree under Superior Court information No. 2264/06, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The decision whether to permit a defendant to withdraw his pleas of guilty lies in the sound discretion of the court (see CPL 220.60 [3]; People v Woodhouse, 65 AD3d 1267 [2009]; People v Rodriguez, 270 AD2d 434, 434-435 [2000]). Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's application to withdraw his pleas of guilty (see People v Torres, 215 AD2d 702, 702-703 [1995]). Mastro, J.P., Balkin, Belen and Chambers, JJ., concur.