People v. Mills

• Decision Date: 11 March 2020
• Docket Number: 2018–00104,Ind.No. 16–00076
• Citation: 181 A.D.3d 718,117 N.Y.S.3d 880 (Mem)
• Parties: The PEOPLE, etc., Respondent, v. Karmel MILLS, Appellant.
• Court: New York Supreme Court — Appellate Division

181 A.D.3d 718
117 N.Y.S.3d 880 (Mem)

The PEOPLE, etc., Respondent,
v.
Karmel MILLS, Appellant.

2018–00104
Ind.No. 16–00076

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

Submitted - December 5, 2019
March 11, 2020

Richard L. Herzfeld, New York, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Christine DiSalvo of counsel), for respondent.

MARK C. DILLON, J.P. JEFFREY A. COHEN COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ.

117 N.Y.S.3d 881

DECISION & ORDER

181 A.D.3d 718

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered November 30, 2017, convicting him of murder in the second degree, burglary in the first degree, and strangulation in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the motion court, and that determination generally will not be disturbed absent an improvident exercise of discretion (see People v. Walker, 169 A.D.3d 723, 93 N.Y.S.3d 403 ; People v. King, 115 A.D.3d 986, 986, 982 N.Y.S.2d 178 ). "Generally, a plea of guilty may not be withdrawn absent some evidence or claim of innocence, fraud, or mistake in its inducement" ( People v. DeLeon, 40 A.D.3d 1008, 1009, 837 N.Y.S.2d 189 ). "Whether a plea was knowing, intelligent and voluntary is dependent upon a number of factors ‘including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused’ " ( People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311, quoting People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).

We agree with the Supreme Court's determination denying the defendant's motion to withdraw his plea of guilty. During the plea allocution, the defendant indicated that he had enough time to consult with his attorney and that he entered the plea freely and voluntarily. Contrary to the defendant's contention, the court...