People v. Gomez

• Decision Date: 11 July 1988
• Citation: People v. Gomez, 531 N.Y.S.2d 14, 142 A.D.2d 649 (N.Y. App. Div. 1988)
• Parties: The PEOPLE, etc., Respondent, v. Richard Colon GOMEZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 14

531 N.Y.S.2d 14

142 A.D.2d 649

The PEOPLE, etc., Respondent, v. Richard Colon GOMEZ, Appellant.

Supreme Court, Appellate Division Second Department.

July 11, 1988.

Andrea J. Bracken, Mineola, for appellant.

Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese and Kathleen M. Cruise, of counsel), for respondent.

Before MANGANO, J.P., and KUNZEMAN, RUBIN, KOOPER and HARWOOD, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 8, 1986, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 524, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Stubbs, 110 A.D.2d 725, 727, 487 N.Y.S.2d 824; People v. Kelsch, 96 A.D.2d 677, 678, 466 N.Y.S.2d 535). In the instant case, the plea was knowingly and voluntarily made in the presence of counsel after the court had fully apprised the defendant of the consequences of his plea ( see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). Inasmuch as the defendant was afforded ample opportunity to state the basis for his withdrawal application after sentence, no error resulted from the absence of an evidentiary hearing with respect to the defendant's conclusory allegations that his attorney had misled him as to the sentence to be imposed. The defendant clearly acknowledged that no promises or threats had been made to him as an inducement to entering a guilty plea.

There is no evidence in the record to indicate that the defendant was deprived of meaningful representation by defense counsel ( see, People...