People v. Douglas

• Decision Date: 26 April 2011
• Citation: 2011 N.Y. Slip Op. 03629,83 A.D.3d 1092,921 N.Y.S.2d 324
• Parties: The PEOPLE, etc., respondent,v.Michael DOUGLAS, appellant.
• Court: New York Supreme Court — Appellate Division

83 A.D.3d 1092
921 N.Y.S.2d 324
2011 N.Y. Slip Op. 03629

The PEOPLE, etc., respondent,
v.
Michael DOUGLAS, appellant.

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

April 26, 2011.

[921 N.Y.S.2d 324]

Ariana J. Antonelli, New Windsor, N.Y., for appellant.Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent.REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, and SANDRA L. SGROI, JJ.

[83 A.D.3d 1092] Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J., at plea; Reilly J., at sentence), rendered January 9, 2006, convicting him of criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Prior to sentencing, the defendant moved to withdraw his plea of guilty, asserting that he was innocent, that he was coerced by his attorney into pleading guilty, and that he was deprived of the effective assistance of counsel. The County Court denied his motion.

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion

[921 N.Y.S.2d 325]

of the County Court and generally will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60[3]; People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Duncan, 78 A.D.3d 1193, 912 N.Y.S.2d 283; People v. Haffiz, 77 A.D.3d 767, 768, 909 N.Y.S.2d 490; People v. Villalobos, 71 A.D.3d 924, 895 N.Y.S.2d 867). The record reflects that the defendant's plea of guilty was knowing, voluntary, and intelligent ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; [83 A.D.3d 1093] People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). The recantation evidence submitted in support of the motion was inherently unreliable and insufficient, alone, to justify withdrawal of the plea ( see People v. Mortensen, 60 A.D.3d 971, 972, 874 N.Y.S.2d 823; People v. Serrata, 261 A.D.2d 490, 690 N.Y.S.2d 273; People v. Baxley, 194 A.D.2d 681, 682, 599 N.Y.S.2d 105; People v. Legette, 153 A.D.2d 760, 761, 545 N.Y.S.2d 296). Furthermore, the defendant's contention regarding his innocence is unsupported by the record and did not afford a basis for withdrawal of the plea of guilty ( see People v. Alexander, 97...