People v. Smith, 2019–01853
| Court | New York Supreme Court Appellate Division |
| Citation | 201 A.D.3d 822,157 N.Y.S.3d 391 (Mem) |
| Docket Number | 2019–01853,Ind. No. 139/15 |
| Parties | The PEOPLE, etc., respondent, v. Alvin SMITH, appellant. |
| Decision Date | 19 January 2022 |
201 A.D.3d 822
157 N.Y.S.3d 391 (Mem)
The PEOPLE, etc., respondent,
v.
Alvin SMITH, appellant.
2019–01853
Ind. No. 139/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 19, 2021
January 19, 2022
Andrew E. MacAskill, Garden City, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Jared A. Chester and Libbi Vilher of counsel; Matthew C. Frankel on the brief), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (William O'Brien, J.), rendered January 31, 2019, convicting him of assault in the first degree, criminal contempt in the first degree, and aggravated family offense, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the motion court, and that determination generally will not be disturbed absent an improvident exercise of discretion (see People v. Mills, 181 A.D.3d 718, 718, 117 N.Y.S.3d 880 ; People v. Walker, 169 A.D.3d 723, 724, 93 N.Y.S.3d 403 ). "Generally, a plea of guilty may not be withdrawn absent some evidence or claim of innocence, fraud, or mistake in its inducement" ( People v. DeLeon, 40 A.D.3d 1008, 1009, 837 N.Y.S.2d 189 ; see People v. Mills, 181 A.D.3d at 718, 117 N.Y.S.3d 880 ). "Whether a plea was knowing, intelligent and voluntary is dependent upon a number of factors ‘including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused’ " ( People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311, quoting People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; see People v. Mills, 181 A.D.3d at 718, 117 N.Y.S.3d 880 ).
Here, the Supreme Court providently exercised its...
To continue reading
Request your trial
-
People v. Portious, 2017–08039
...any event, while the court should have instructed the jury that the subject witness was an accomplice as a matter of law (see CPL 60.22 ; 201 A.D.3d 822 People v. Montello, 197 A.D.3d 575, 152 N.Y.S.3d 701 ), the error was harmless because the evidence of the defendant's guilt was overwhelm......
-
People v. Persaud, 2018–00971
...to the defendant's contention, "the defendant's monosyllabic, one-word responses did not render the plea invalid" ( People v. Smith, 201 A.D.3d 822, 823, 157 N.Y.S.3d 391 [internal quotation marks omitted]). DILLON, J.P., CHAMBERS, FORD and WAN, JJ.,...
-
People v. Persaud, 2018-00971
...to the defendant's contention, "the defendant's monosyllabic, one-word responses did not render the plea invalid" (People v Smith, 201 A.D.3d 822, 823 [internal quotation marks omitted]). DILLON, J.P., CHAMBERS, FORD and WAN, JJ., concur. ...
-
SC Bromley 1, LLC v. Sherman, 2018–14770
...to the real property automatically vested in her distributees, 201 A.D.3d 833 and the action, which does not seek a deficiency judgment 157 N.Y.S.3d 391 against them, was therefore properly commenced directly against the distributees (see Federal Natl. Mtge. Assn. v. Tudor, 185 A.D.3d 905, ......