People v. Maxson

• Decision Date: 20 December 2012
• Parties: The PEOPLE of the State of New York, Respondent, v. Jeffrey A. MAXSON, Appellant.
• Court: New York Supreme Court — Appellate Division

101 A.D.3d 1384
956 N.Y.S.2d 301
2012 N.Y. Slip Op. 08833

The PEOPLE of the State of New York, Respondent,
v.
Jeffrey A. MAXSON, Appellant.

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

Dec. 20, 2012.

[956 N.Y.S.2d 302]

Abbie Goldbas, Utica, for appellant, and appellant pro se.

Joseph A. McBride, District Attorney, Norwich (Michael J. Genute of counsel), for respondent.

Before: PETERS, P.J., SPAIN, KAVANAGH, McCARTHY and EGAN, JR., JJ.

SPAIN, J.

[101 A.D.3d 1385]Appeal from a judgment of the County Court of Chenango County (Sullivan, J.), rendered May 27, 2011, convicting defendant upon his plea of guilty of the crime of arson in the second degree.

Defendant pleaded guilty to arson in the second degree in full satisfaction of a two-count indictment. Pursuant to the plea agreement, defendant was to be sentenced, as a second felony offender, to eight years in prison, to be followed by five years of postrelease supervision, with the understanding that County Court would adjourn sentencing for at least five days so defendant would have time to visit his ill father. The court adjourned sentencing for one week and ordered that defendant be released. Defendant remained in custody, however, pursuant to a parole detainer warrant filed by the Division of Parole. On the date of sentencing, defendant requested and was granted an adjournment and new counsel. He thereafter moved to withdraw his plea on the grounds of ineffective assistance of counsel, that he was intoxicated at the time of the crime and was not advised of an intoxication defense and that his plea was induced by a mistaken belief on the part of both parties and the court that he would be released to visit his father. The court denied the motion after hearing brief arguments of counsel and thereafter sentenced defendant to the agreed-upon sentence. Defendant now appeals.

“Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” ( People v. Mitchell, 73 A.D.3d 1346, 1347, 901 N.Y.S.2d 405 [2010],lv. denied15 N.Y.3d 922, 913 N.Y.S.2d 649, 939 N.E.2d 815 [2010] [internal quotation marks and citation omitted]; accord. People v. Flynn, 92 A.D.3d 1148, 1150, 939 N.Y.S.2d 166 [2012],lv. denied19 N.Y.3d 996, 951 N.Y.S.2d 472, 975 N.E.2d 918 [2012] ). Where, as here, County Court fulfilled its promise under the plea agreement in adjourning defendant's...