People v. Rouse
| Decision Date | 17 July 2014 |
| Citation | 2014 N.Y. Slip Op. 05378,119 A.D.3d 1161,989 N.Y.S.2d 395 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Edrick L. ROUSE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
119 A.D.3d 1161
989 N.Y.S.2d 395
2014 N.Y. Slip Op. 05378
The PEOPLE of the State of New York, Respondent,
v.
Edrick L. ROUSE, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
July 17, 2014.
Abbie Goldbas, Utica, for appellant.
Joseph A. McBride, District Attorney, Norwich (Michael J. Genute of counsel), for respondent.
Before: PETERS, P.J., GARRY, ROSE, EGAN JR. and CLARK, JJ.
EGAN JR., J.
Appeal from a judgment of the County Court of Chenango County (Revoir Jr., J.), rendered January 7, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
In full satisfaction of a three-count indictment, defendant pleaded guilty to one count of criminal possession of a controlled substance in the third degree in exchange for a negotiated sentence of 3 1/2 years in prison followed by three years of postrelease supervision. During the course of the plea proceeding, defendant requested that he be furloughed in order to visit with his children prior to sentencing. When County Court (Sullivan, J.) denied that request, defense counsel—although acknowledging that the sought-after furlough was not a term of the plea agreement—immediately moved to withdraw the plea
[989 N.Y.S.2d 396]
upon defendant's behalf. This oral motion to withdraw defendant's plea was denied, and the matter was adjourned for sentencing. Prior thereto, defendant apparently attempted to file a written motion to withdraw his plea and, further, requested a furlough to attend his grandmother's funeral. When the requested furlough was granted, defendant indicated that he would forgo his written application to withdraw his plea and would pursue the initial denial thereof on appeal. County Court (Revoir Jr., J.) thereafter sentenced defendant as a second felony offender to the agreed-upon sentence. Defendant now appeals.
We affirm. “Whether a defendant should be permitted to withdraw his or her plea rests within the sound discretion of the trial court and, generally, such a motion should not be granted absent a showing of innocence, fraud or mistake in the inducement” ( People v. Barton, 113 A.D.3d 927, 928, 978 N.Y.S.2d 446 [2014] [internal quotation marks and citations omitted]; see People v. Wilson, 101 A.D.3d 1248, 1249, 956 N.Y.S.2d 260 [2012] ). Here, a fair reading of the plea colloquy compels but one conclusion—namely, that defendant's requested furlough to visit with his children prior to...
To continue reading
Request your trial
-
People v. Lewis
...and his unequivocal responses to the court's detailed questions were sufficient to establish his guilt (see People v. Rouse, 119 A.D.3d 1161, 1163, 989 N.Y.S.2d 395 [2014] ).With regard to defendant's remaining claims, including those raised in his pro se briefs, we have reviewed them and f......
-
People v. Larock
...responses to County Court's questions were sufficient to establish the elements of the crime [s] charged” (People v. Rouse, 119 A.D.3d 1161, 1163, 989 N.Y.S.2d 395 [2014] [internal quotation marks and citation omitted] ). Moreover, defendant did not make any statements during the plea collo......
-
People v. Case
...336, 4 N.E.3d 346 [2013] ; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ; People v. Rouse, 119 A.D.3d 1161, 1163, 989 N.Y.S.2d 395 [2014] ). Also lacking in merit is defendant's claim that she was deprived of meaningful representation (see People v. Ben......
-
People v. Davis
...132 A.D.3d 1022, 1023, 17 N.Y.S.3d 196 [2015] ; see People v. Atkinson, 124 A.D.3d at 1150, 2 N.Y.S.3d 687 ; People v. Rouse, 119 A.D.3d 1161, 1162–1163, 989 N.Y.S.2d 395 [2014] ). To the extent that defendant faults County Court for not more fully exploring the depraved indifference elemen......