People v. Scott
| Citation | 77 A.D.3d 689,908 N.Y.S.2d 348 |
| Parties | The PEOPLE, etc., respondent, v. Jadon T. SCOTT, appellant. |
| Decision Date | 05 October 2010 |
| Court | New York Supreme Court Appellate Division |
77 A.D.3d 689
The PEOPLE, etc., respondent,
v.
Jadon T. SCOTT, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 5, 2010.
Michael L. Soshnick, Mineola, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara Kornblau and Joanna Hershey of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Grella, J.), rendered January 22, 2010, convicting him of attempted criminal possession of a weapon in the second degree and aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50(5).
The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty ( see CPL 220.60[3] ). The record supports the County Court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently ( see People v. Hill, 9 N.Y.3d 189, 191, 849 N.Y.S.2d 13, 879 N.E.2d 152, cert. denied 553 U.S. 1048, 128 S.Ct. 2430, 171 L.Ed.2d 257; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). Although the defendant claims, inter alia, that he was coerced into pleading guilty, his claims are belied by the record ( see People v. Samuel, 208 A.D.2d 776, 776-777, 617 N.Y.S.2d 494;
COVELLO, J.P., SANTUCCI, BALKIN and AUSTIN, JJ., concur.
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