People v. Smith
| Decision Date | 26 April 1993 |
| Citation | 598 N.Y.S.2d 735,192 A.D.2d 732 |
| Parties | The PEOPLE, etc., Respondent, v. Michael SMITH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Colarusso, Dellicarri and Napolitano, Valhalla (Anthony R. Dellicarri, of counsel), for appellant. Carl A. Vergari, Dist. Atty., White Plains (Peter A. Pagnucco and Richard Longworth Hecht, of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered July 5, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. Contrary to the defendant's contention, the County Court did not improvidently exercise its discretion in denying, without the appointment of new counsel, his application to withdraw his guilty plea. Indeed, the record demonstrates that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170) while represented by competent counsel with whose services he expressed satisfaction. The defendant's statements during the plea flatly refute his subsequent generalized assertion of innocence and his unsubstantiated claim of coercion (see, e.g., People v. Williams, 183 A.D.2d 866, 584 N.Y.S.2d 107; People v. Bell, 183 A.D.2d 837, 584 N.Y.S.2d 85; People v. Pantojas, 182 A.D.2d 782, 582 N.Y.S.2d 777; People v. Nerys, 181 A.D.2d 921, 581 N.Y.S.2d 847). Moreover, the court provided the defendant with ample opportunity to set forth factual support for his application and to explain why new counsel should be assigned (see, e.g., People v. Zaia, 181 A.D.2d 931, 582 N.Y.S.2d 212; People v. Machado, 181 A.D.2d 796, 582 N.Y.S.2d 23), but he failed to establish a valid basis for the requested relief (see, e.g., People v. Williams, 178 A.D.2d 570, 577 N.Y.S.2d 656; People v. Glasper, 151 A.D.2d 692, 542 N.Y.S.2d 747).
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