People v. Nicodemus

• Decision Date: 31 May 1996
• Citation: 643 N.Y.S.2d 829,227 A.D.2d 976
• Parties: PEOPLE of the State of New York, Respondent, v. Matthew NICODEMUS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 829

643 N.Y.S.2d 829

227 A.D.2d 976

PEOPLE of the State of New York, Respondent, v. Matthew NICODEMUS, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

May 31, 1996.

Connor O'Brien, Webster, for Appellant.

Thomas E. Moran, Geneseo, for Respondent.

Before DENMAN, P.J., and GREEN, WESLEY, BALIO and BOEHM, JJ.

MEMORANDUM:

Defendant contends that County Court abused its discretion in denying his motion to withdraw his plea of guilty without conducting an evidentiary hearing. We disagree. Defendant moved to withdraw his guilty plea on the grounds that he entered the plea under duress and that his pending motion to reopen a suppression motion in an unrelated proceeding in another county might, if decided in his favor, impact on the People's evidence in this case. The court was familiar with the facts underlying defendant's claim of duress, and a defendant "is not entitled to withdraw his guilty plea merely because he discovers that he misapprehended the quality of the [People's] case" (People v. Cantu, 202 A.D.2d 1033, 610 N.Y.S.2d 113, quoting People v. Lesesne, 173 A.D.2d 407, 570 N.Y.S.2d 40). Under the circumstances, defendant was afforded a reasonable opportunity to state his grounds for withdrawal of the plea (see, People v. Chandler, 214 A.D.2d 1027, 626 N.Y.S.2d 893, lv. denied 86 N.Y.2d 792, 632 N.Y.S.2d 505, 656 N.E.2d 604; People v. Ayers [appeal No. 1], 192 A.D.2d 1134, 596 N.Y.S.2d 630, lv. denied 81 N.Y.2d 1069, 601 N.Y.S.2d 589, 619 N.E.2d 667).

Judgment unanimously affirmed.