People v. McGuire

• Decision Date: 26 November 2014
• Parties: The PEOPLE, etc., respondent, v. Ronald E. McGUIRE, Jr., appellant.
• Court: New York Supreme Court — Appellate Division

?122 A.D.3d 947
997 N.Y.S.2d 468
2014 N.Y. Slip Op. 08354

The PEOPLE, etc., respondent,
v.
Ronald E. McGUIRE, Jr., appellant.

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

Nov. 26, 2014

Affirmed.

[997 N.Y.S.2d 469]

Maureen Galvin Dwyer, Northport, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

RANDALL T. ENG, P.J., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, and HECTOR D. LaSALLE, JJ.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered February 10, 2012, convicting him of rape in the first degree (three counts) and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the propriety of the amending of two counts in the indictment by changing the dates on which the subject crimes were alleged to have been committed was forfeited by the defendant's plea of guilty ( see People v. Hansen, 95 N.Y.2d 227, 715 N.Y.S.2d 369, 738 N.E.2d 773; People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Stokely, 49 A.D.3d 966, 968, 853 N.Y.S.2d 221; People v. Dudley, 28 A.D.3d 1182, 816 N.Y.S.2d 253; People v. Lynch, 267 A.D.2d 405, 700 N.Y.S.2d 731).

The defendant's pro se written motion for leave to withdraw his plea was properly denied without a hearing. The motion was based upon unsupported claims of innocence ( see People v. Haffiz, 19 N.Y.3d 883, 884, 951 N.Y.S.2d 690, 976 N.E.2d 216; People v. Dixon, 29 N.Y.2d 55, 57, 323 N.Y.S.2d 825, 272 N.E.2d 329; People v. Bennett, 115 A.D.3d 973, 982 N.Y.S.2d 554), and claims of ineffective assistance of counsel which were refuted by the defendant's admissions in his motion papers and other documents in the record ( see People v. Bennett, 115 A.D.3d 973, 982 N.Y.S.2d 554; People v. Howard, 109 A.D.3d 487, 488, 970 N.Y.S.2d 86; People v. Gully, 17 A.D.3d 382, 792 N.Y.S.2d 199). By pleading guilty, “a defendant forfeits appellate review of any claim of ineffective assistance of counsel which does not directly involve the plea bargaining process” (

[997 N.Y.S.2d 470]

People v. Collier, 71 A.D.3d 909, 910, 895 N.Y.S.2d 848; see People v. Turner, 40 A.D.3d 1018, 834 N.Y.S.2d 666). Under the circumstances, the County Court properly exercised its discretion when it denied the defendant's motion to withdraw his guilty plea upon its consideration of the plea minutes and the...