People v. Burns

• Decision Date: 19 November 2015
• Citation: 20 N.Y.S.3d 669,133 A.D.3d 1045
• Parties: The PEOPLE of the State of New York, Respondent, v. Clifford BURNS, Appellant.
• Court: New York Supreme Court — Appellate Division

133 A.D.3d 1045
20 N.Y.S.3d 669

The PEOPLE of the State of New York, Respondent,
v.
Clifford BURNS, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Nov. 19, 2015.

20 N.Y.S.3d 670

Matthew C. Hug, Troy, for appellant, and appellant pro se.

Kathleen B. Hogan, District Attorney, Lake George, for respondent.

Before: McCARTHY, J.P., ROSE, DEVINE and CLARK, JJ.

CLARK, J.

133 A.D.3d 1045

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered September 5, 2014, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In satisfaction of a five-count indictment, defendant entered a guilty plea to murder in the second degree in accordance

133 A.D.3d 1046

with a plea agreement that included a waiver of appeal. The charges stem from defendant's admitted actions on December 24, 2013 in driving to the home of his estranged spouse, Patricia Burns, and intentionally stabbing her with a knife, causing her death. This tragedy occurred in the presence of their 14–year–old daughter, as well as the victim's daughter from another relationship, whom defendant also stabbed with a knife when she attempted to intervene, causing serious physical injuries. Prior to sentencing, defendant filed a pro se motion to withdraw his guilty plea, alleging, among other things, that his plea had been involuntary, as it was entered under severe emotional duress shortly after a courthouse visit with his daughters and without the benefit of the effective assistance of counsel. The People opposed the motion. County Court assigned substitute counsel to represent defendant and thereafter denied the motion in a written decision. The court later imposed the agreed-upon prison sentence of 23 years to life.¹ Defendant appeals.

Defendant contends that County Court erred in denying his motion to withdraw his guilty plea, which he claims was

20 N.Y.S.3d 671

involuntarily entered while he was emotionally distraught following the meeting with his daughters. While this claim is not precluded by the appeal waiver and was preserved by his unsuccessful motion to withdraw his guilty plea (see People v. Colon, 122 A.D.3d 956, 957, 994 N.Y.S.2d 725 [2014] ), we find that it is devoid of any merit. "Whether to permit a defendant to withdraw his or her plea of guilty is left to the sound discretion of County Court, and withdrawal will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement" (People v. Massia, 131 A.D.3d 1280, 1281, 15 N.Y.S.3d 515 [2015] [internal quotation marks, brackets and citations omitted] ).

Here, the record reflects that, although defendant had agreed to accept the proffered plea agreement, he told defense counsel, just prior to the scheduled appearance for that purpose on April 17, 2014, that he did not wish to accept the plea offer. With the consent of all parties, the District Attorney granted the request of defendant's daughters to speak with him; they thereafter met with defendant briefly in the presence of defense counsel accompanied, at their request, by the District Attorney and a crime victims' advocate. The daughters urged defendant to accept the plea deal to spare them the ordeal of a trial and to avoid the potential 50–year prison sentence; defendant indicated that he would do so. Accompanied by counsel, defendant

133 A.D.3d 1047

then accepted the plea terms on the record, which he indicated he understood and had sufficient time to discuss the plea with counsel and had no questions. County Court explained the consequences of his guilty plea and the trial-related rights he was forgoing and defendant admitted the charged conduct and entered a guilty...