People v. Jackson
| Citation | 87 A.D.3d 552,928 N.Y.S.2d 58,2011 N.Y. Slip Op. 06141 |
| Parties | The PEOPLE, etc., respondent,v.Robert JACKSON, appellant. |
| Decision Date | 02 August 2011 |
| Court | New York Supreme Court Appellate Division |
87 A.D.3d 552
928 N.Y.S.2d 58
2011 N.Y. Slip Op. 06141
The PEOPLE, etc., respondent,
v.
Robert JACKSON, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Aug. 2, 2011.
[928 N.Y.S.2d 59]
Mark Diamond, New York, N.Y., for appellant.Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.WILLIAM F. MASTRO, J.P., ARIEL E. BELEN, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.[87 A.D.3d 552] Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen, J.), rendered December 9, 2008, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
[87 A.D.3d 553] The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty without a hearing ( see CPL 220.60[3] ). “The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the County Court and generally will not be disturbed absent an improvident exercise of discretion” ( People v. Douglas, 83 A.D.3d 1092, 1092, 921 N.Y.S.2d 324, see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Duncan, 78 A.D.3d 1193, 912 N.Y.S.2d 283; People v. Haffiz, 77 A.D.3d 767, 909 N.Y.S.2d 490; People v. Pooler, 58 A.D.3d 757, 871 N.Y.S.2d 707). “Only in the rare instance will a defendant be entitled to an evidentiary hearing” ( People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; see People v. Perez, 83 A.D.3d 738, 738, 919 N.Y.S.2d 887; People v. Smith, 54 A.D.3d 879, 880, 863 N.Y.S.2d 818). “Instead, it is sufficient if the court affords the defendant an opportunity to present his [or her] arguments with respect to withdrawal”
( People v. Griffith, 78 A.D.3d 1194, 1195, 913 N.Y.S.2d 264; see People v. Perez, 83 A.D.3d at 738, 919 N.Y.S.2d 887).Here, the defendant's contention that he was heavily medicated at the time of his plea was not supported by the evidence submitted with his motion ( see People v. Hansen, 269 A.D.2d 467, 704 N.Y.S.2d 269), and the plea colloquy reveals nothing to suggest that he was disoriented or unable to understand the proceedings or work with his attorney ( see People v. Kessler, 5 A.D.3d 504, 505, 772 N.Y.S.2d 582; People v. Wheeler, 249 A.D.2d 774, 774–775, ...
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