People v. Elmendorf
| Decision Date | 27 November 2007 |
| Docket Number | 2003-09187. |
| Citation | 45 A.D.3d 858,845 N.Y.S.2d 743,2007 NY Slip Op 09409 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LORI ELMENDORF, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court(seeCPL 220.60 [3]).A plea of guilty will be upheld as valid if it was entered knowingly, voluntarily, and intelligently (seePeople v Fiumefreddo,82 NY2d 536, 543[1993];People v Lopez,71 NY2d 662, 666[1988];People v Harris,61 NY2d 9, 17[1983]).Where a plea is knowing, voluntary, and intelligent and a defendant's allegations of coercion are contradicted by the record, a court may properly deny a motion to vacate a plea of guilty, even without a hearing (seePeople v Abney,10 AD3d 617[2004]).
Here, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently.Contrary to her contention, the defendant properly allocuted to all elements of assault in the second degree (seePenal Law § 120.05 [3]).
Contrary to the defendant's contention, she was not denied the effective assistance of counsel.Viewing the record as a whole, we conclude that the defendant received meaningful representation (seePeople v Taylor,1 NY3d 174, 176[2003];People v Baldi,54 NY2d 137[1981]).
Finally, the sentence imposed was not excessive (seePeople v Suitte,90 AD2d 80[1982]).
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