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PEOPLE v. TOMLINSON

2018-09282. Ind. No. 504/18.

178 A.D.3d 967 (2019)

112 N.Y.S.3d 522

2019 NY Slip Op 09040

The People of the State of New York, Respondent, v. Quanne Tomlinson, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 18, 2019.

Attorney(s) appearing for the Case

Patrick Michael Megaro, Forest Hills, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Jared A. Chester of counsel; Valeriia Golubchik on the brief), for respondent.

Balkin, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur.

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 and generally will not be disturbed absent an improvident exercise of discretion (see CPL 220.60[3]; People v Caruso, 88 A.D.3d 809, 809 [2011]). Such a motion "must be premised upon some evidence of possible innocence or of fraud, mistake, coercion...

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