People v. Haffiz

• Court: New York Supreme Court Appellate Division
• Writing for the Court: WILLIAM F. MASTRO
• Citation: 909 N.Y.S.2d 490,77 A.D.3d 767
• Parties: The PEOPLE, etc., respondent, v. Feoid HAFFIZ, appellant.
• Decision Date: 12 October 2010

909 N.Y.S.2d 490
77 A.D.3d 767

The PEOPLE, etc., respondent,
v.
Feoid HAFFIZ, appellant.

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

Oct. 12, 2010.

909 N.Y.S.2d 490

Nathaniel E. Burney, Garden City, N.Y. (Bruce Barket of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel; Gregory Zak on the brief), for respondent.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and PLUMMER E. LOTT, JJ.

77 A.D.3d 767

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered January 9, 2009, convicting him of criminal sale of a controlled substance in the second degree, criminal sale of a firearm in the third degree, and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

909 N.Y.S.2d 491

"The decision to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court" ( People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707; see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616;

77 A.D.3d 768

People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522), "and this determination generally will not be disturbed absent an improvident exercise of discretion" ( People v. Pooler, 58 A.D.3d at 757, 871 N.Y.S.2d 707; see People v. Ford, 44 A.D.3d at 1070, 844 N.Y.S.2d 400; People v. DeLeon, 40 A.D.3d 1008, 837 N.Y.S.2d 189). "Generally, a plea of guilty may not be withdrawn absent some evidence of innocence, fraud, or mistake in its inducement" ( People v. Smith, 54 A.D.3d 879, 880, 863 N.Y.S.2d 818). "Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty" ( id.).

Here, the defendant knowingly, voluntarily, and intelligently entered his plea of guilty ( see generally People v. Catu, 4 N.Y.3d 242, 244-245, 792 N.Y.S.2d 887, 825 N.E.2d 1081; 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. Rhodes, 62 A.D.3d 815, 816, 878 N.Y.S.2d 773). The defendant's contentions to the contrary are belied by the record ( see People v. Miranda, 67 A.D.3d 709, 710, 886 N.Y.S.2d 890; People v. Palmer, 29 A.D.3d 606, 606, 815 N.Y.S.2d 129). In light of...