By: Daily Record Staff//May 17, 2010
Appellate Division, Fourth Department
Guilty Plea
Withdrawal
People v. Gleen
KA 08-02403
Appealed from Erie County Court
Background: The defendant pleaded guilty to attempted kidnapping in the second degree. She later moved to withdraw her plea, which was denied.
Ruling: The conviction is affirmed. Denial of the motion to withdraw, based on unsubstantiated claim of innocence during the pre-sentence investigation, was not an abuse of discretion. At no point during the plea proceeding did the defendant contend she was innocent.
Thomas E. Andruschat for the defendant, and Shawn P. Hennessy, Erie County District Attorney’s Office