People v. Brownlee

• Court: New York Supreme Court Appellate Division
• Citation: 551 N.Y.S.2d 581,158 A.D.2d 610
• Parties: The PEOPLE, etc., Respondent, v. Ernest BROWNLEE, Appellant.
• Decision Date: 20 February 1990

Page 581

551 N.Y.S.2d 581 158 A.D.2d 610 The PEOPLE, etc., Respondent,
v.
Ernest BROWNLEE, Appellant. Supreme Court, Appellate Division,
Second Department. Feb. 20, 1990.

John F. Clennan, Ronkonkoma, for appellant.

Kenneth Gribetz, Dist. Atty., New City (Michael P. O'Connor, of counsel), for respondent.

Before MANGANO, J.P., and BRACKEN, RUBIN, KOOPER and ROSENBLATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Rockland County

Page 582

(Nelson, J.), rendered November 10, 1987, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v. Rodriguez, 150 A.D.2d 812, 542 N.Y.S.2d 234; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235; People v. Stubbs, 110 A.D.2d 725, 487 N.Y.S.2d 824). There exists no hard-and-fast rule which sets forth the nature and extent of the fact-finding procedures necessary to the disposition of motions to withdraw guilty pleas previously entered (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544). Rather, the Judge hearing the motion "must exercise his discretion in affording defendant a reasonable opportunity to advance his claims from which an informed and prudent determination can be rendered" (People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332).

In the instant case, the defendant knowingly and voluntarily made a complete and detailed plea allocution in the presence of competent counsel--with whom the defendant had expressed satisfaction at the time of the plea--after the court had fully apprised the defendant of the consequences of his plea (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). Since the court had the defendant's motion papers before it and afforded the defendant ample opportunity to substantiate his assertions at sentencing, the court properly proceeded to impose sentence (see, People v. Savio, 117 A.D.2d 633, 498 N.Y.S.2d 84; People v. McClendon, 114 A.D.2d 425, 494 N.Y.S.2d 141).