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People v. Degree

270 A.D.2d 847 Court N.Y. App. Div. Decision date 2000-03-29 English

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p. 847
The People of the State of New York, Respondent, v Howard Degree, Appellant.
[705 NYS2d 315]

—Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying the request of defendant for an adjournment for the purpose of submitting a written motion to withdraw his guilty plea. The court offered defendant the opportunity to explain his reasons for seeking to withdraw his plea. Defendant asserted his innocence in a conclusory manner and stated that he pleaded guilty because he feared a greater sentence if convicted after trial; he offered no factual support for the assertion of innocence (see, People v Robertson, 255 AD2d 968 , lv denied 92 NY2d 1053 ). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ.