People v. McVay
| Citation | 2016 N.Y. Slip Op. 04963,140 A.D.3d 1090,33 N.Y.S.3d 742 (Mem) |
| Parties | The PEOPLE, etc., respondent, v. Jeffrey L. McVAY, appellant. |
| Decision Date | 22 June 2016 |
| Court | New York Supreme Court Appellate Division |
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered December 9, 2013, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797
; People v. Dazzo, 92 A.D.3d 796, 938 N.Y.S.2d 446 ; People v. Caruso, 88 A.D.3d 809, 930 N.Y.S.2d 668 ). “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry ‘rest[s] largely in the discretion of the Judge to whom the motion is made’ and a hearing will be granted only in rare instances” (People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782, quoting People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 ; see
People v. Smith, 54 A.D.3d 879, 863 N.Y.S.2d 818 ).
Here, the record supports the County Court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646
; see also
People v. Baker, 104 A.D.3d 783, 960 N.Y.S.2d 511 ). The defendant's postplea assertion that he pleaded guilty “because of duress” is belied by his statements under oath at his plea allocution, and is insufficient to warrant withdrawal of his plea or a hearing (see
People v. Innocent, 132 A.D.3d 696, 17 N.Y.S.3d 505 ; People v. Dazzo, 92 A.D.3d at 796–797, 938 N.Y.S.2d 446 ; People v. Caruso, 88 A.D.3d at 810, 930 N.Y.S.2d 668 ; see also
People v. Jones, 71 A.D.3d 1573, 896 N.Y.S.2d 787 ). Finally, there is
no merit to the defendant's contention that he was deprived of the effective assistance of counsel (see People v. McGuire, 122 A.D.3d 947, 948, 997 N.Y.S.2d 468
; People v. Haywood, 122 A.D.3d 769, 770, 996 N.Y.S.2d 137 ).
, J.P., DICKERSON, SGROI and COHEN, JJ., concur.
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