People v. Collins
| Decision Date | 17 September 1992 |
| Citation | 587 N.Y.S.2d 455,186 A.D.2d 298 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE of the State of New York, Respondent, v. Floyd COLLINS, Appellant. |
Livingston L. Hatch, Keeseville, for appellant.
Robert Abrams, Atty. Gen., Deborah Nathan, Law Intern, Albany, for respondent.
Before MIKOLL, J.P., and YESAWICH, LEVINE, CREW and HARVEY, JJ.
Appeal from a judgment of the Supreme Court (Lewis, J.), rendered January 25, 1991 in Clinton County, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the second degree.
We find that there was no abuse of discretion in County Court's denial of defendant's motion to withdraw his guilty plea without a hearing. The record reveals that the plea was knowing and voluntary and was made without protestation of innocence (see, People v. Lynch, 156 A.D.2d 884, 884-885, 550 N.Y.S.2d 104, lv. denied 75 N.Y.2d 921, 555 N.Y.S.2d 40, 554 N.E.2d 77). Given the fact that defendant was afforded an opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing regarding defendant's conclusory allegations of coercion and of innocence of the crime to which he pleaded guilty (see, People v. Ross, 182 A.D.2d 1022, 1023-1024, 583 N.Y.S.2d 34; People v. De Gaspard, 170 A.D.2d 835, 837, 566 N.Y.S.2d 667, lv denied 77 N.Y.2d 994, 571 N.Y.S.2d 920, 575 N.E.2d 406; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). Finally, defendant received an advantageous plea bargain and nothing in the record casts any doubt upon the apparent effectiveness of counsel so as to require a hearing on that basis (see, People v. De Gaspard, supra, 170 A.D.2d at 838, 566 N.Y.S.2d 667; People v. Lynch, supra, 156 A.D.2d at 885, 550 N.Y.S.2d 104).
ORDERED that the judgment is affirmed.
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... ... Initially, we reject defendant's contention that County Court abused its discretion by denying his application to withdraw his plea. Here, the record confirms that "the plea was knowing and voluntary and was made without the protestation of innocence" (see, People v. Collins, 186 A.D.2d 298, 587 N.Y.S.2d 455; People v. Lynch, 156 A.D.2d 884, 884-886, 550 N.Y.S.2d 104, lv. denied 75 N.Y.2d 921, 555 N.Y.S.2d 40, 554 N.E.2d 77). Furthermore, "[a] sentencing court need not permit a defendant to withdraw a plea where, as here, the defendant himself has failed to fulfill ... ...
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