People v. Smith

Decision Date16 September 2008
Docket NumberNo. 2005-11068,2005-11068
Citation54 A.D.3d 879,863 N.Y.S.2d 818,2008 NY Slip Op 7020
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY SMITH, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

The defendant was charged by indictment with multiple counts of criminal contempt in the first degree and criminal contempt in the second degree, aggravated harassment in the second degree, aggravated criminal contempt, menacing in the second degree, and endangering the welfare of a child, for violating an order of protection that was issued against the defendant on behalf of his wife. The defendant entered a plea of guilty to one count each of aggravated criminal contempt, criminal contempt in the first degree, and criminal contempt in the second degree. As part of the plea agreement, the Supreme Court told the defendant that it would sentence him to a Mental Illness and Controlled-Substance Abuse (hereinafter MICA) treatment program, promising that if he successfully completed that program, it would then sentence him to probation for a term of five years. The court warned the defendant that if he failed to successfully complete the MICA program, it would sentence him to an indeterminate term of incarceration of 2 to 6 years. The defendant did not complete the required MICA program, and the court sentenced him to concurrent indeterminate terms of incarceration of 2 to 6 years on the count of aggravated criminal attempt, and 1 1/3 to 4 years on the count of criminal contempt in the first degree, and a determinate term of incarceration of one year on the count of criminal contempt in the second degree.

The decision to permit a defendant to withdraw a plea of guilty is a matter within the sound discretion of the Supreme Court (see People v Selikoff, 35 NY2d 227 [1974], cert denied 419 US 1122 [1975]; People v DeLeon, 40 AD3d 1008 [2007]; People v Mann, 32 AD3d 865, 866 [2006]; People v Kucharczyk, 15 AD3d 595, 596 [2005]; People v Sain, 261 AD2d 488, 489 [1999]). The decision will not be disturbed absent an improvident exercise of discretion (see, People v Lane, 1 AD3d 801,...

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  • People v. Hollmond
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    • December 2, 2020
    ...869 ; People v. Haffiz, 77 A.D.3d 767, 768, 909 N.Y.S.2d 490, affd 19 N.Y.3d 883, 951 N.Y.S.2d 690, 976 N.E.2d 216 ; People v. Smith, 54 A.D.3d 879, 880, 863 N.Y.S.2d 818 ). As relevant here, a guilty plea may be vacated on the ground that it was "coerced, either by actual physical compulsi......
  • People v. Amos
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    • October 13, 2021
    ...104 ; People v. Haffiz, 77 A.D.3d 767, 768, 909 N.Y.S.2d 490, affd 19 N.Y.3d 883, 951 N.Y.S.2d 690, 976 N.E.2d 216 ; People v. Smith, 54 A.D.3d 879, 880, 863 N.Y.S.2d 818 ). "A defendant is not entitled to withdraw his guilty plea based on a[n] ... unsupported claim" ( People v. Dixon, 29 N......
  • People v. Amos
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    • October 13, 2021
    ... ... (People v De Jesus, 199 A.D.2d 529, 530; see ... People v Nettles, 30 N.Y.2d 841, 841-842; People v ... Englese, 7 N.Y.2d 83, 87; People v Swain, 192 ... A.D.3d 827, 829; People v Haffiz, 77 A.D.3d 767, ... 768, affd 19 N.Y.3d 883; People v Smith, 54 ... A.D.3d 879, 880). "A defendant is not entitled to ... withdraw his guilty plea based on a[n] ... unsupported ... claim" (People v Dixon, 29 N.Y.2d 55, 57; ... see People v Tinsley, 35 N.Y.2d 926, 927; People ... v Hollmond, 191 A.D.3d 120, 136-137), or "when the ... ...
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