People v Mann

Supreme Court, Appellate Division, Second Department, New YorkJune 11, 197342 A.D.2d 587344 N.Y.S.2d 516

New York Official Reports
42 A.D.2d 587, 344 N.Y.S.2d 516
The People of the State of New York, Respondent,
v.
Kenneth Mann, Appellant
Supreme Court, Appellate Division, Second Department, New York
June 11, 1973
CITE TITLE AS: People v Mann
Judgment and order affirmed.
Six weeks after entering a valid plea of guilty to a reduced charge, defendant moved to withdraw the *588 plea on the ground that he regretted his decision. No hearing was held on the motion, but defendant did not amplify his position at sentencing. In our opinion, the court below did not abuse its discretion in denying the motion (CPL 220.60, subd. 4; People v. Dixon, 29 N Y 2d 55; People v. Borge, 40 A D 2d 552). The People's brief on this appeal contained certain information and papers which were not part of the record on appeal. These materials were not considered in the determination of the appeal (People v. Hicks, 287 N. Y. 165, 174; People v. Barrett, 33 A D 2d 633, 634; see, also, Matter of Niagara County Water Dist. v. Board of Assessors of City of Lockport, 31 A D 2d 1004).
Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.
End of Document