People v. O'Keefe

• Court: New York Supreme Court Appellate Division
• Citation: 566 N.Y.S.2d 166,170 A.D.2d 1020
• Parties: PEOPLE of the State of New York, Respondent, v. Dennis M. O'KEEFE, Appellant.
• Decision Date: 01 February 1991

Page 166

566 N.Y.S.2d 166 170 A.D.2d 1020 PEOPLE of the State of New York, Respondent,
v.
Dennis M. O'KEEFE, Appellant. Supreme Court, Appellate Division,
Fourth Department. Feb. 1, 1991.

Page 167

David Brautigam, Fillmore, for appellant.

James Euken, Belmont, for respondent.

Before CALLAHAN, J.P., and DOERR, GREEN, LAWTON and DAVIS, JJ.

MEMORANDUM:

The court did not abuse its discretion in denying defendant's oral request to withdraw his guilty plea (see, CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Lee, 132 AD2d 625, 517 N.Y.S.2d 778; People v. Stubbs, 110 A.D.2d 725, 726, 487 N.Y.S.2d 824; People v. Kelsch, 96 A.D.2d 677, 466 N.Y.S.2d 535). The record reflects that defendant's guilty plea was knowingly and voluntarily made in the presence of counsel and after the court had fully apprised him of the consequences of his plea (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Gomez, 142 A.D.2d 649, 531 N.Y.S.2d 14, appeal dismissed 73 N.Y.2d 786, 536 N.Y.S.2d 746, 533 N.E.2d 676). Defendant's generalized claim of innocence, which was not made during the plea allocution, and is unsupported by the record, did not entitle him to withdraw his guilty plea (see, People v. Gardner, 150 A.D.2d 722, 541 N.Y.S.2d 592).

Defendant's challenge to the adequacy of his plea allocution is similarly lacking in merit. Defendant's factual recitation was sufficient, but, even if "defendant's allocution did not establish the essential elements of the crime to which he pleaded guilty, it would not require vacatur of his plea since there is no suggestion in the record that the plea was improvident or baseless" (People v. Duff, 158 A.D.2d 711, 552 N.Y.S.2d 160, lv. denied 76 N.Y.2d 734, 558 N.Y.S.2d 895, 557 N.E.2d 1191; see also, People v. Nixon, 21 N.Y.2d 338, 350, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Phelps, 140 A.D.2d 637, 528 N.Y.S.2d 673, lv. denied, 72 N.Y.2d 922, 532 N.Y.S.2d 857, 529 N.E.2d 187).

Judgment unanimously affirmed.