People v. Ochoa
Citation | 579 N.Y.S.2d 114,179 A.D.2d 689 |
Parties | The PEOPLE, etc., Respondent, v. Jairo OCHOA, Appellant. |
Decision Date | 13 January 1992 |
Court | New York Supreme Court Appellate Division |
Frankie, Smirti & Gentile, Williston Park (James G. Frankie, of counsel), for appellant.
Ronald Goldstock, Director, Organized Crime Task Force, White Plains (Steven Chananie and Carol Antonacci, of counsel), for respondent.
Before BRACKEN, J.P., and KUNZEMAN, EIBER, BALLETTA, and RITTER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered March 30, 1990, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
It is well settled that the right of a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (see, CPL 220.60[3]; People v. O'Callaghan, 171 A.D.2d 706, 567 N.Y.S.2d 167; People v. Hagzan, 155 A.D.2d 616, 547 N.Y.S.2d 670). Here, the court conducted a lengthy and complete allocution in the presence of competent counsel and the defendant was fully advised of the consequences of pleading guilty, including the sentencing limitations (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). The defendant's claim that he did not understand what he was doing when he accepted the offered plea because he had suffered a heart attack and had become very depressed, is belied by his statements and observed demeanor at the plea (see, People v. Bangert, 107 A.D.2d 752, 484 N.Y.S.2d 117). Nor was the defendant's conclusory allegation of being unable to comprehend the proceedings supported by any evidence (see, People v. Irizzary, 125 A.D.2d 589, 509 N.Y.S.2d 652). Moreover, following the defendant's assertions, the court afforded his attorney an opportunity to be heard. Having provided the defendant and his counsel an opportunity to make out his claim, the court found that the defendant clearly knew what he was doing when he accepted the offered plea and admitted his guilt under oath. This factual finding is supported by the record. Thus, the court's decision to deny the defendant's request to withdraw his guilty plea and directing him to proceed to sentence was a proper exercise of discretion and should not be disturbed. Furthermore, neither the defendant nor counsel provided any substantiation for the defendant's belated claim of innocence. A defendant is "not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel" (People v. Dixon, 29 N.Y.2d 55, 57, 323 N.Y.S.2d 825, 272 N.E.2d 329; see also, People v. Smith, 157 A.D.2d 871, 551 N.Y.S.2d 811).
With regard to the defendant's further claim that his sentence is excessive...
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