People v Stuckey

Holding The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying the defendant’s motion to withdraw his guilty plea because there was no record support for his claim of actual innocence. The court further determined that claims regarding ineffective assistance of counsel were outside the record on appeal and required a CPL article 440 motion.

The court’s words

permission to withdraw a guilty plea rests solely within the court's discretion

2026 NY Slip Op 04642, at the official text

refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake

2026 NY Slip Op 04642, at the official text

there was no record support for his claim of actual innocence

2026 NY Slip Op 04642, at the official text

concerns matters outside the record on appeal and must therefore be raised by way of a motion pursuant to CPL article 440

2026 NY Slip Op 04642, at the official text