People v Jorge

Holding The court affirmed the conviction, holding that the County Court did not improvidently exercise its discretion in denying the motion to withdraw the guilty plea. The court further determined that the defendant’s valid appeal waiver precluded review of grand jury evidence, venue, and duplicitous counts, leaving only jurisdictional and voluntariness challenges, which were meritless.

The court’s words

The decision whether to permit a defendant to withdraw a plea of guilty is a matter within the sound discretion of the court

2026 NY Slip Op 05325, at the official text

Such a motion must be premised upon some evidence of possible innocence or of fraud, mistake, coercion or involuntariness in the taking of the plea

2026 NY Slip Op 05325, at the official text

the defendant must show that there is a reasonable probability that, but for counsel's errors, he or she would not have pleaded guilty

2026 NY Slip Op 05325, at the official text

It is undisputed that the defendant knowingly, voluntarily, and intelligently waived his right to appeal

2026 NY Slip Op 05325, at the official text

The defendant's contention that the federal government had exclusive jurisdiction over his alleged offenses was without merit

2026 NY Slip Op 05325, at the official text

The record demonstrated that the State had territorial jurisdiction to convict him pursuant to CPL 20.20(2)(b)

2026 NY Slip Op 05325, at the official text