PEOPLE v. KUCHARCZYK

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

The PEOPLE, etc., respondent, v. Louis KUCHARCZYK, appellant.

Decided: February 22, 2005

FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, WILLIAM F. MASTRO, and PETER B. SKELOS, JJ. Richard S. Birnbaum, White Plains, N.Y., for appellant. Jeanine Pirro, District Attorney, White Plains, N.Y. (Melissa A. Smith and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered April 23, 2002, convicting him of criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The decision to permit a defendant to withdraw a plea of guilty is a matter for the sound discretion of the court (see People v. Selikoff, 35 N.Y.2d 227, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822;  People v. Johnson, 288 A.D.2d 491, 734 N.Y.S.2d 843).   Here, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed (see People v. Selikoff, supra at 241, 360 N.Y.S.2d 623, 318 N.E.2d 784;  People v. Kostka, 292 A.D.2d 634, 741 N.Y.S.2d 53;  cf. People v. McCready, 296 A.D.2d 423, 745 N.Y.S.2d 455).   Accordingly, there was no basis for the County Court to grant his request to withdraw his plea.

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