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People v. Pooler

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


January 20, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
KEITH POOLER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 17, 2007, convicting him of attempted criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

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.

PETER B. SKELOS, J.P., MARK C. DILLON, EDWARD D. CARNI & JOHN M. LEVENTHAL, JJ.

(Ind. No. 2085/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The decision to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court (see People v Seeber, 4 NY3d 780; People v Mann, 32 AD3d 865; People v Kucharczyk, 15 AD3d 595), and this determination generally will not be disturbed absent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008). Here, the defendant knowingly, voluntarily, and intelligently entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise (see People v Mann, 32 AD3d 865).

Moreover, contrary to the defendant's arguments, his attorney was not obligated to "participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made" (People v Caple, 279 AD2d 635, 635). Nor is there any merit to the defendant's contention that he was denied the effective assistance of counsel (see People v Brooks, 36 AD3d 929, 930; People v Grimes, 35 AD3d 882, 883).

SKELOS, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

20090120

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