People v. Elmendorf

Decision Date27 November 2007
Docket Number2003-09187.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LORI ELMENDORF, Appellant.
CourtNew 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 (see CPL 220.60 [3]). A plea of guilty will be upheld as valid if it was entered knowingly, voluntarily, and intelligently (see People 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 (see People 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 (see Penal 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 (see People v Taylor, 1 NY3d 174, 176 [2003]; People v Baldi, 54 NY2d 137 [1981]).

Finally, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Santucci, J.P., Krausman, Florio and Lifson, JJ., concur.

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15 cases
  • People v. Fields
    • United States
    • New York County Court
    • March 15, 2018
    ...45, 769 N.E.2d 802 [2002] ; see also People v. Brown, 14 N.Y.3d 113, 897 N.Y.S.2d 674, 924 N.E.2d 782 [2010] ; People v. Elmendorf , 45 A.D.3d 858, 850, 845 N.Y.S.2d 743, lv denied, 10 N.Y.3d 810, 857 N.Y.S.2d 44, 886 N.E.2d 809 [2007] ). While CPL Article 220 deals with indictments, the sa......
  • People v. Hardy
    • United States
    • New York Supreme Court
    • July 1, 2019
    ...or where fraud or mistake played a role in inducing the plea (CPL § 220.60[3]; and see, People v. Alexander, 97 N.Y.2d 482 [2002]; Elmendorf, 45 A.D.3d at 859; People Smith, 54 A.D.3d 879 [2d Dept. 2008]; and see, People v Pillich, 48 A.D.3d 1061 [2008]). In determining whether to exercise ......
  • People v. Yurkovsky
    • United States
    • New York Supreme Court
    • October 14, 2021
    ...lies within the sound discretion of the sentencing court. CPL §220.60(3); People v Alexander, 97 N.Y.2d 482 (2002); People v Elmendorf, 45 A.D.3d 858, 859 (2d Dept 2007) Iv denied 10 N.Y.3d 810 (2008). In considering whether it is appropriate to vacate a plea of guilty, the court is "entitl......
  • People v. Sanchez
    • United States
    • New York Supreme Court
    • October 6, 2021
    ... ... 2008]; and see, ... People v Pillich, 48 A.D.3d 1061 [2008]). As a ... general rule, where the record of the plea proceeding ... establishes a defendant unequivocally admitted his guilt ... knowingly, voluntarily and intelligently, a plea of guilty ... should not be disturbed (see, Elmendorf, 45 A.D.3d ... at 859; People v. Fiumefreddo, 82 N.Y.2d 536 [1993]; ... see also, People v. Fears, 488 N.Y.S.2d 26, 27 [2d ... Dept. 1985]). The decision whether to permit a defendant to ... withdraw a previously entered guilty plea is within the sound ... discretion of the sentencing court ... ...
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