People v. McLean

• Decision Date: 29 April 1998
• Citation: 249 A.D.2d 981,671 N.Y.S.2d 385
• Parties: 1998 N.Y. Slip Op. 4029 PEOPLE of the State of New York, Respondent, v. Robroy A. McLEAN, III, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 385

671 N.Y.S.2d 385

1998 N.Y. Slip Op. 4029

PEOPLE of the State of New York, Respondent, v. Robroy A. McLEAN, III, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

April 29, 1998.

Mary Ann Bliznik, Clarence, for appellant.

Lawrence Friedman, Batavia, for respondent.

MEMORANDUM:

Defendant, while represented by competent counsel, knowingly, voluntarily and intelligently pleaded guilty to one count of sexual abuse in the first degree (Penal Law § 130.65[3] ) in full satisfaction of all charges in the indictment. Defendant stated that he understood the plea agreement and that he had sufficient time to discuss it with his retained counsel. Defendant later made a motion to withdraw his plea of guilty, alleging that he was coerced by his attorney and that he is innocent of sexual abuse. County Court conducted an evidentiary hearing on those contentions and concluded that defendant's contentions were not credible. The court's findings are supported by the record, and the court did not abuse its discretion in denying defendant's motion to withdraw the plea (see, CPL 220.60[3]; People v. Peavy, 225 A.D.2d 1082, 1083, 639 N.Y.S.2d 752, lv. denied 88 N.Y.2d 883, 645 N.Y.S.2d 457, 668 N.E.2d 428; People v. Hakim, 216 A.D.2d 321, 627 N.Y.S.2d 987, lv. denied 86 N.Y.2d 795, 632 N.Y.S.2d 508, 656 N.E.2d 607).

Judgment unanimously affirmed. (Appeal from Judgment of Genesee County Court, Morton, J.--Sexual Abuse, 1st Degree.)

DENMAN, P.J., and GREEN, PIGOTT, CALLAHAN and FALLON, JJ., concur.