People v. Strasser

• Decision Date: 01 April 2011
• Parties: The PEOPLE of the State of New York, Respondent,v.Cameron K. STRASSER, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

83 A.D.3d 1411
919 N.Y.S.2d 454
2011 N.Y. Slip Op. 02565

The PEOPLE of the State of New York, Respondent,
v.
Cameron K. STRASSER, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

April 1, 2011.

Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered June 25, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (five counts).Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for defendant–appellant.David W. Foley, District Attorney, Mayville (Laurie M. Beckerink of Counsel), for respondent.MEMORANDUM:

[83 A.D.3d 1411] Defendant appeals from a judgment convicting him upon his plea of guilty of five counts of burglary in the third degree (Penal Law § 140.20). We reject defendant's contention that County Court erred in failing to conduct an evidentiary hearing before denying his motion to withdraw his plea. The court afforded defendant the requisite “reasonable opportunity to present his contentions” in support of that motion ( People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; see People v. Irvine, 42 A.D.3d 949, 838 N.Y.S.2d 765, lv. denied 9 N.Y.3d 962, 848 N.Y.S.2d 31, 878 N.E.2d 615), and the court did not abuse its discretion in concluding that no further inquiry was necessary. Defendant's contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel ( see Irvine, 42 A.D.3d 949, 838 N.Y.S.2d 765; People v. Nichols, 21 A.D.3d 1273, 1274, 801 N.Y.S.2d 665, lv. denied 6 N.Y.3d 757, 810 N.Y.S.2d 425, 843 N.E.2d 1165). We reject defendant's further contention that the court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuch as the record does not demonstrate that defense counsel took a position adverse to defendant ( see People v. McKoy, 60 A.D.3d 1374, 1374–1375, 875 N.Y.S.2d 721, lv. denied 12 N.Y.3d 856, 881 N.Y.S.2d 668, 909 N.E.2d 591), or that he [83 A.D.3d 1412] coerced defendant into pleading guilty ( cf. People v. Ulloa, 300 A.D.2d 60, 61–62, 751 N.Y.S.2d 26).

[919 N.Y.S.2d 455]

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.