People v. Murphy

• Court: New York Supreme Court Appellate Division
• Citation: 979 N.Y.S.2d 829,114 A.D.3d 704,2014 N.Y. Slip Op. 00689
• Decision Date: 05 February 2014
• Parties: The PEOPLE, etc., respondent, v. Loronda MURPHY, appellant.

114 A.D.3d 704
979 N.Y.S.2d 829
2014 N.Y. Slip Op. 00689

The PEOPLE, etc., respondent,
v.
Loronda MURPHY, appellant.

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

Feb. 5, 2014.

William I. Aronwald, White Plains, N.Y. (Heather J. Bird of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 26, 2013, convicting her of residential mortgage fraud in the first degree and residential mortgage fraud in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant validly waived her right to appeal ( see People v. Gonzalez, 109 A.D.3d 1003, 1004, 971 N.Y.S.2d 479; People v. Arias, 100 A.D.3d 914, 915, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714), her claim with respect to the voluntariness of the plea survives such a waiver ( see

[979 N.Y.S.2d 830]

People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968,541 N.E.2d 1022; People v. Solis, 111 A.D.3d 654, 974 N.Y.S.2d 132). A motion to withdraw a plea of guilty is addressed to the sound discretion of the court, and its determination generally will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60[3]; People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Edmunson,109 A.D.3d 621, 970 N.Y.S.2d 635; People v. Gordon, 107 A.D.3d 739, 740, 966 N.Y.S.2d 214; People v. Crawford, 106 A.D.3d 832, 833, 964 N.Y.S.2d 636; People v. Anderson, 98 A.D.3d 524, 949 N.Y.S.2d 207). Here, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw her plea of guilty. The record establishes that the defendant knowingly, voluntarily, and intelligently entered her plea of guilty ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646). Her contentions that she was coerced into pleading guilty are belied by her statements under oath at her plea proceeding, and were insufficient to warrant withdrawal of her plea or a hearing ( see People v. Crawford, 106 A.D.3d at 833, 964 N.Y.S.2d 636; People v. Anderson, 98 A.D.3d at 524, 949 N.Y.S.2d 207).

The defendant's valid waiver of her right to appeal precludes appellate review of her claim that she was deprived of her right to effective...