People v. Haywood

CourtNew York Supreme Court Appellate Division
Writing for the CourtCHERYL E. CHAMBERS
Citation996 N.Y.S.2d 137,122 A.D.3d 769,2014 N.Y. Slip Op. 07683
Decision Date12 November 2014
PartiesThe PEOPLE, etc., respondent, v. Thomas HAYWOOD, appellant.

?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.

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

Nov. 12, 2014


Affirmed.

[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.

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.

[996 N.Y.S.2d 139]

People v. 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 of the plea or a hearing ( see People v. Crawford, 106 A.D.3d at 833, 964 N.Y.S.2d 636...

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