People v. Wilson
| Decision Date | 13 December 2012 |
| Citation | 101 A.D.3d 1248,2012 N.Y. Slip Op. 08576,956 N.Y.S.2d 260 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jamal A. WILSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
101 A.D.3d 1248
956 N.Y.S.2d 260
2012 N.Y. Slip Op. 08576
The PEOPLE of the State of New York, Respondent,
v.
Jamal A. WILSON, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Dec. 13, 2012.
[956 N.Y.S.2d 261]
Joseph Nalli, Fort Plain, for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Before: PETERS, P.J., ROSE, SPAIN, McCARTHY and GARRY, JJ.
SPAIN, J.
[101 A.D.3d 1248]Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered May 4, 2011, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts).
Based on the alleged sales of narcotics in the Town of Queensbury, Warren County in May 2010, defendant was indicted on two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree relating to two separate drug sales. During plea negotiations, defendant pleaded guilty in Washington County to an unrelated charge of criminal possession of a controlled substance in the third degree and, in November 2010, was sentenced to a prison term of seven years on that charge. As a result, the People offered defendant the opportunity to plead in Warren County to one count of criminal sale of a controlled substance in the third degree in exchange for a six-year prison sentence, followed by two years of postrelease supervision, to be served concurrently with the Washington County sentence, which defendant twice declined. In March 2011, after a thorough colloquy in which defendant's rights were fully explained as were the consequences of his plea, defendant pleaded guilty to all four counts of the Warren County indictment in exchange for a negotiated aggregate prison sentence of between 5 and 10 years, followed by two years of [101 A.D.3d 1249]postrelease supervision. Thereafter, he was sentenced by County Court to four concurrent prison terms of 8 1/2 years followed by two years of postrelease supervision, to be served concurrently with his Washington County sentence. At sentencing, defendant sought to withdraw his plea, which County Court
[956 N.Y.S.2d 262]
denied. Defendant now appeals and we affirm.
Initially, we find no merit to defendant's contention that County Court erred in denying his motion to withdraw his plea. The decision as to whether to permit a defendant to withdraw a guilty plea is committed to the sound discretion of the trial court and such request will generally not be granted absent a showing of innocence, fraud or mistake in its inducement ( see People v. Flynn, 92 A.D.3d 1148, 1150–1151, 939 N.Y.S.2d 166 [2012],lv. denied19 N.Y.3d 996, 951 N.Y.S.2d 472, 975 N.E.2d 918 [2012];People v. Wilson, 92 A.D.3d 981, 981, 937 N.Y.S.2d 699 [2012],lv. denied19 N.Y.3d 1029, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012] ). Defendant argues that he entered his pleas to the Warren County charges based on the mistaken belief that his appeal on his Washington County conviction would be successful....
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