People v. Edmunson

• Court: New York Supreme Court Appellate Division
• Writing for the Court: MARK C. DILLON
• Citation: 970 N.Y.S.2d 635,2013 N.Y. Slip Op. 05699,109 A.D.3d 621
• Decision Date: 21 August 2013
• Parties: The PEOPLE, etc., respondent, v. Eric EDMUNSON, appellant.

109 A.D.3d 621
970 N.Y.S.2d 635
2013 N.Y. Slip Op. 05699

The PEOPLE, etc., respondent,
v.
Eric EDMUNSON, appellant.

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

Aug. 21, 2013.

[970 N.Y.S.2d 636]

Michael G. Paul, New City, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.

MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.

[109 A.D.3d 621]Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered February 28, 2012, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial of the defendant's pro se motion to withdraw his plea of guilty.

ORDERED that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying, without a hearing, the defendant's pro se motion to withdraw his plea of guilty. A motion to withdraw a plea of guilty is addressed to the sound discretion of the County Court, and its determination generally will not be disturbed absent an improvident exercise of discretion ( seeCPL 220.60[3]; People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797;People v. Dazzo, 92 A.D.3d 796, 938 N.Y.S.2d 446;

[970 N.Y.S.2d 637]

People v. Caruso, 88 A.D.3d 809, 930 N.Y.S.2d 668;People v. Amanze, 87 A.D.3d 1159, 929 N.Y.S.2d 876). The record establishes that the defendant knowingly, voluntarily, and intelligently entered his plea of guilty after being informed of the rights he would be giving up by pleading guilty, and after having been expressly advised by the County Court that the promised sentence included a period of postrelease supervision ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Harris, 61 N.Y.2d 9, 16–17, 471 N.Y.S.2d 61, 459 N.E.2d 170;People v. McPherson, 60 A.D.3d 872, 875 N.Y.S.2d 539). Furthermore, [109 A.D.3d 622]the record belies the defendant's contention that defense counsel failed to inform him that his sentence would include postrelease supervision. In any event, defense counsel's alleged failure to advise the defendant that his sentence would include postrelease supervision did not affect the defendant's decision to plead guilty ( see People v. Melio, 6 A.D.3d 552, 553, 775 N.Y.S.2d 346).

The defendant validly waived his right to appeal. At the plea allocution, the County Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;cf. People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645). We note that the defendant signed a Rockland County pre-printed form waiver, which contained erroneous statements with regard to the waiver of the right to appeal. The written waiver incorrectly stated that the waiver of the right to appeal precludes review of any claim that the plea was not knowingly,...