People v. Haywood, 2013-09036

• Court: New York Supreme Court Appellate Division
• Citation: 996 N.Y.S.2d 137,2014 N.Y. Slip Op. 07683,122 A.D.3d 769
• Docket Number: 2013-09036
• Parties: The PEOPLE, etc., respondent, v. Thomas HAYWOOD, appellant.
• Decision Date: 12 November 2014

122 A.D.3d 769
996 N.Y.S.2d 137
2014 N.Y. Slip Op. 07683

The PEOPLE, etc., respondent
v.
Thomas HAYWOOD, appellant.

2013-09036

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

Nov. 12, 2014.

996 N.Y.S.2d 138

Thomas R. Villecco, Jericho, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff of counsel; Christopher Cellante on the brief), for respondent.

CHERYL E. CHAMBERS, J.P., SANDRA L. SGROI, ROBERT J. MILLER, and BETSY BARROS, JJ.

Opinion

122 A.D.3d 769

Appeal by the defendant from a judgment of the County Court, Westchester County (Warhit, J.), rendered August 13, 2013, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he validly waived his right to appeal (see People v. Sanders, 112 A.D.3d 748, 976 N.Y.S.2d 205, lv granted 22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132 ; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ; cf. People v.

996 N.Y.S.2d 139

Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). However, his claim regarding the voluntariness of his plea survives such a waiver (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Solis, 111 A.D.3d 654, 974 N.Y.S.2d 132 ). A motion to withdraw a plea of guilty is addressed to the sound discretion of the County Court, and, as a general rule, its determination will not be disturbed absent an improvident exercise of discretion (see CPL 220.60[3] ; People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Edmunson, 109 A.D.3d 621, 970 N.Y.S.2d 635 ; People v. Gordon, 107 A.D.3d 739, 740, 966 N.Y.S.2d 214 ; People v. Crawford, 106 A.D.3d 832, 833, 964 N.Y.S.2d 636 ; People v. Anderson, 98 A.D.3d 524, 949 N.Y.S.2d 207 ). Here, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty. The record establishes that the defendant knowingly, voluntarily, and intelligently entered a plea of guilty (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ). To the extent that the defendant argues that he felt compelled to plead guilty, such contention is belied by his statements under oath at the plea proceeding, and is insufficient to warrant withdrawal...