| People v Pillich |
| 2008 NY Slip Op 00766 [48 AD3d 1061] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Keith Pillich,Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (Shawn P. Hennessy of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), renderedDecember 21, 2005. The judgment convicted defendant, upon his plea of guilty, of grand larcenyin the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofgrand larceny in the third degree (Penal Law § 155.35). We conclude that Supreme Courtdid not abuse its discretion in denying the motion of defendant to withdraw his plea beforesentencing (see generally CPL 220.60 [3]). In support thereof, defendant contended thathe could not be guilty of larceny because he was a vendee in possession of the property inquestion pursuant to a conditional contract of sale. "Permission to withdraw a guilty plea restssolely within the court's discretion . . . , and refusal to permit withdrawal does notconstitute an abuse of that discretion unless there is some evidence of innocence, fraud, ormistake in inducing the plea" (People v Robertson, 255 AD2d 968 [1998], lvdenied 92 NY2d 1053 [1999]). Here, defendant failed to present evidence to warrantwithdrawal of the plea. Present—Smith, J.P., Lunn, Peradotto, Green and Pine, JJ.