People v. Jurgins, 02923–08.

• Citation: 2010 N.Y. Slip Op. 51162,28 Misc.3d 1206,957 N.Y.S.2d 638
• Decision Date: 28 June 2010
• Docket Number: No. 02923–08.,02923–08.
• Parties: The PEOPLE of the State of New York, Plaintiff, v. Mark JURGINS, Defendant.
• Court: United States State Supreme Court (New York)

28 Misc.3d 1206
957 N.Y.S.2d 638
2010 N.Y. Slip Op. 51162

The PEOPLE of the State of New York, Plaintiff,
v.
Mark JURGINS, Defendant.

No. 02923–08.

Supreme Court, Bronx County, New York.

June 28, 2010.

Diego Hernandez, Esq., Bronx County District Attorney's Office Michael Torres, Esq. Bronx, for Defendant.

COLLEEN D. DUFFY, J.

Defendant Mark Jurgins was charged in a twelve count indictment with Robbery in the First Degree, PL 160.15(3), Robbery in the Second Degree, PL 160.15(1), Robbery in the Second Degree, PL 160.10(2)(a), Robbery in the Third Degree, PL 160.05, Grand Larceny in the Fourth Degree, PL 155.30(5), Assault in the First Degree, PL 120.10(1), Assault in the Second Degree, PL 120.05(1), Assault in the Second Degree, PL 120.05(2), Assault in the Second Degree, PL 120.05(6), and several misdemeanors.

The People contend that, on or about May 1, 2008, Defendant assaulted a livery cab driver in his vehicle, wielded a knife, and robbed the cabdriver.

Defendant was arraigned on September 23, 2008, on this indictment and entered a plea of not guilty on all counts. On April 15, 2010, while the jury selection process for Defendant's trial was underway, Defendant pleaded guilty to one count of Robbery in the First Degree, a class B felony, in exchange for a sentence promise of a determinate sentence of eleven years in state prison, and five years of post-release supervision, a permanent order of protection and certain mandatory surcharges. The promised sentence of eleven years included an eight year sentence plus three additional years because the victim was operating a “for hire” vehicle at the time of the crime. Sentencing originally was scheduled for June 17, 2010, and was thereafter adjourned to July 2, 2010, by agreement of the parties.¹

On June 14, 2010, Defendant filed a motion seeking to withdraw his guilty plea. Defendant contends that he is innocent of the charges and that his guilty plea was involuntary in that, at the time of the plea, he was under duress, had significant psychological stress due to his wife's ongoing cancer treatment, and had ineffective assistance of counsel. Defendant also urges the Court to consider his mental capacity in deciding whether to permit him to withdraw the plea. On June 17, 2010, the People filed an Affirmation in Opposition to Defendant's motion. The People contend that Defendant's plea was voluntarily and knowingly given and that there is no support in the record for Defendant's claim that he was coerced into entering a guilty plea, or that Defendant's mental state precluded him from knowingly and voluntarily entering his plea.

For the reasons set forth, Defendant's motion to withdraw his plea is denied in its entirety.

Although it is wholly within this Court's discretion to permit a defendant to withdraw his or her plea of guilty, this is not a case where such an action is warranted. CPL 220.60(3); see People v. Alexander, 97 N.Y.2d 482, 483 (2002)(motion to withdraw properly denied; after-the-fact protestations of incompetence, confusion and innocence unavailing). Defendant's unsubstantiated claims of coercion and his protestations of innocence...