People v. Hagzan

• Decision Date: 20 November 1989
• Citation: People v. Hagzan, 547 N.Y.S.2d 670, 155 A.D.2d 616 (N.Y. App. Div. 1989)
• Parties: The PEOPLE, etc., Respondent, v. George HAGZAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 670

547 N.Y.S.2d 670

155 A.D.2d 616

The PEOPLE, etc., Respondent, v.George HAGZAN, Appellant.

Supreme Court, Appellate Division Second Department.

Nov. 20, 1989.

Steven J. Wilutis, Commack, for appellant.

Patrick Henry, Dist. Atty., Riverhead (Donald J. Byrnes, of counsel), for respondent.

MANGANO, J.P., and KUNZEMAN, RUBIN, EIBER and BALLETTA, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from three judgments of the County Court, Suffolk County(Sherman, J.), all rendered July 30, 1987, convicting him of forgery in the second degree under IndictmentNumber 1438/86, robbery in the first degree (five counts), and attempted robbery in the first degree under IndictmentNumber 1489/86, and robbery in the first degree under IndictmentNumber 1545/86, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

It is well settled that the decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court(see, People v. Gomez, 142 AD2d 649, 531 N.Y.S.2d 14).In the instant case, the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel, after the court had fully apprised the defendant of the consequences of his pleas (see, People v. Harris, 61 N.Y.2d 909, 474 N.Y.S.2d 1031, 462 N.E.2d 1209).Moreover, at no time did the defendant claim that he was innocent or assert that he had been coerced into pleading guilty.The sole basis for his application to withdraw his pleas was that he was unhappy with his bargained-for sentences.Under these circumstances, it was not an improvident exercise of discretion to deny the motion (see, People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13;People v. De Simone, 112 A.D.2d 443, 492 N.Y.S.2d 414;People v. Bass, 92 A.D.2d 1062, 461...