People v. Mitchell
| Decision Date | 20 May 2010 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Jahlaune D. MITCHELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
73 A.D.3d 1346
901 N.Y.S.2d 405
2010 N.Y. Slip Op. 04288
The PEOPLE of the State of New York, Respondent,
v.
Jahlaune D. MITCHELL, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
May 20, 2010.
[901 N.Y.S.2d 405]
Eugene P. Grimmick, Troy, for appellant.Richard J. McNally Jr., District Attorney, Troy (Michele K. Poole of counsel), for respondent.BEFORE: CARDONA, P.J., MERCURE, LAHTINEN, MALONE JR. and EGAN JR., JJ.
[73 A.D.3d 1346] Appeal from a judgment of the County Court of Rensselaer County (Ceresia, J.), rendered July 16, 2009, convicting defendant upon his plea of guilty of the crime of attempted rape in the second degree.
Under the terms of a plea agreement, defendant consented to [73 A.D.3d 1347] prosecution by a superior court information, purportedly waived his right to appeal and pleaded guilty to attempted rape in the second degree. At sentencing, defendant unsuccessfully moved to withdraw his plea. County Court then sentenced him as a second felony offender to a prison term of four years and postrelease supervision of 10 years. Defendant now appeals.
As the People concede, defendant's argument that he should have been permitted to withdraw his guilty plea survives any appeal waiver; nevertheless, we affirm ( see People v. Greathouse, 62 A.D.3d 1212, 1213, 879 N.Y.S.2d 629 [2009], lv. denied 13 N.Y.3d 744, 886 N.Y.S.2d 98, 914 N.E.2d 1016 [2009] ). 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. Carmona, 66 A.D.3d 1240, 1241, 887 N.Y.S.2d 370 [2009], lv. denied 14 N.Y.3d 799, 899 N.Y.S.2d 133, 925 N.E.2d 937 [2010]; see People v. Sepulveda, 65 A.D.3d 754, 755, 883 N.Y.S.2d 733 [2009], lv. denied 13 N.Y.3d 941, 895 N.Y.S.2d 332, 922 N.E.2d 921 [2010] ). During the plea colloquy, defendant was advised of his rights, indicated he understood them and admitted committing the crime in question, and his later unsubstantiated claim of innocence was insufficient to support his request to withdraw his plea or otherwise require a hearing on the issue ( see People v. Shovah, 67 A.D.3d 1257, 1257–1258, 889 N.Y.S.2d 717 [2009], lv. denied 14 N.Y.3d 773, 898 N.Y.S.2d 105, 925 N.E.2d 110 [2010]; People v. Carmona, 66 A.D.3d at 1241, 887 N.Y.S.2d 370). Defendant's further intimation that his plea arose from the ineffective assistance of counsel...
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People v. Griffin
...Court was within its discretion to [89 A.D.3d 1237] disregard such statements in denying defendant's motion ( see People v. Mitchell, 73 A.D.3d 1346, 1347, 901 N.Y.S.2d 405 [2010], lv. denied 15 N.Y.3d 922, 913 N.Y.S.2d 649, 939 N.E.2d 815 [2010]; People v. Davis, 250 A.D.2d 939, 940, 672 N......
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People v. Curry, 105843
...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. denied 15 N.Y.3d 922, 913 N.Y.S.2d 649, 939 N.E.2d 815 [2010] [internal quotation marks and citation omitted]; see C......
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People v. Mack
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