People v. Rossetti
| Decision Date | 30 May 2012 |
| Citation | 2012 N.Y. Slip Op. 04197,944 N.Y.S.2d 911,95 A.D.3d 1362 |
| Parties | The PEOPLE, etc., respondent, v. Raymond ROSSETTI, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Terry D. Horner, Poughkeepsie, N.Y., for appellant.
Adam B. Levy, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Putnam County (Reitz, J.), imposed December 2, 2008, upon remittitur from this Court ( see People v. Rossetti, 55 A.D.3d 637, 865 N.Y.S.2d 318), upon his convictions of assault in the first degree and driving while intoxicated, upon his plea of guilty.
ORDERED that the resentence is affirmed.
Contrary to the contention of the defendant, the County Court, which, upon remittitur, had the “discretion” to “afford” him “an opportunity to withdraw his plea” ( People v. Rossetti, 55 A.D.3d 637, 637, 865 N.Y.S.2d 318), properly denied his request to withdraw his plea of guilty. A defendant's request to withdraw a plea of guilty should “not be granted merely for the asking” ( People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802), and the defendant, whose plea was knowingly, voluntarily, and intelligently made ( see People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170), failed to articulate a persuasive reason warranting vacatur of the plea.
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... ... People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802 [a defendant may not withdraw a guilty plea merely for the asking]; People v. Rossetti, 95 A.D.3d 1362, 944 N.Y.S.2d 911 [same] ). Under the rule announced today, a defendant is not only given the right to consult with an attorney after making a decision to submit to a chemical BAC test, the defendant is also given the right to reconsider and revoke a previous valid consent. In my ... ...
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