People v. Wren
| Decision Date | 31 July 2014 |
| Citation | 2014 N.Y. Slip Op. 05573,119 A.D.3d 1291,990 N.Y.S.2d 731 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Timothy J. WREN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Teresa C. Mulliken, Harpersfield, for appellant.
Richard D. Northrup Jr., District Attorney, Delhi (John L. Hubbard of counsel), for respondent.
Before: STEIN, J.P., McCARTHY, EGAN Jr., LYNCH and CLARK, JJ.
Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered January 28, 2013, convicting defendant upon his plea of guilty of the crimes of grand larceny in the third degree and committing a fraudulent practice.
Defendant was charged with various crimes in an 11–count indictment stemming from the filing of fraudulent work activity reports and the receipt of workers' compensation benefits to which he was not entitled between February 2009 and January 2012. In full satisfaction of the indictment, defendant pleaded guilty to one count of grand larceny in the third degree and one count of committing a fraudulent practice in exchange for a negotiated prison term of 1 to 3 years on each count to be served concurrently, but consecutively to a term that defendant was currently serving for an unrelated offense, and $23,850 in restitution. Defendant thereafter moved to withdraw his plea. County Court denied defendant's motion without a hearing and imposed the agreed-upon sentence. Defendant appeals.
We affirm. The decision as to whether a defendant should be permitted to withdraw his or her guilty plea is committed to the sound discretion of the trial court and a hearing is only warranted when the record presents a genuine issue of fact with respect to its voluntariness ( see People v. Ravenell, 114 A.D.3d 997, 998, 980 N.Y.S.2d 167 [2014];People v. Brandon, 112 A.D.3d 1069, 1070, 976 N.Y.S.2d 334 [2013] ). Absent evidence of innocence, fraud or mistake in the inducement, a plea generally may not be withdrawn ( see People v. Ravenell, 114 A.D.3d at 998, 980 N.Y.S.2d 167;People v. Arnold, 102 A.D.3d 1061, 1062, 958 N.Y.S.2d 540 [2013] ). Here, during the plea colloquy, defendant related that he had ample opportunity to discuss the plea bargain with counsel and was satisfied with counsel's performance, that nobody had made any promises or threats and that he was pleading guilty voluntarily, and he admitted to the conduct constituting the crimes. County Court clarified defendant's answers, so we find nothing in the record that casts doubt upon his guilt. Inasmuch as there is no substantiation for his later assertions of innocence and undue pressure from counsel, we cannot conclude that the court erred in denying the motion to withdraw the plea without a hearing ( see People v. Brandon, 112 A.D.3d at 1070, 976 N.Y.S.2d 334;People v. Arnold, 102 A.D.3d at 1062, 958 N.Y.S.2d 540).
We also find no merit to defendant's assertion that he was deprived of the effective assistance of counsel. “In the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous...
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People v. Burks
... ... Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782 [2010] ; People v. Wren, 119 A.D.3d 1291, 1292, 990 N.Y.S.2d 731 [2014], lv denied 24 N.Y.3d 1048, 998 N.Y.S.2d 318, 23 N.E.3d 161 [2014] ). Further, an evidentiary hearing on a motion to withdraw a guilty plea is required only when the record presents a genuine issue of fact as to the voluntariness of the plea (see ... ...
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People v. Brown
... ... denied 28 N.Y.3d 932, 934, 40 N.Y.S.3d 360, 63 N.E.3d 80 [2016] ). Here, counsel secured a very favorable plea deal, which included the imposition of the minimum sentence to which defendant was exposed (see Penal Law 70.06[6] [b] ), and pursued appropriate pretrial motions (see People v. Wren, 119 A.D.3d 1291, 1292, 990 N.Y.S.2d 731 [2014], lv. denied 24 N.Y.3d 1048, 998 N.Y.S.2d 318, 23 N.E.3d 161 [2014] ; People v. Brown, 115 A.D.3d 1115, 1116, 982 N.Y.S.2d 205 [2014], lv. denied 24 N.Y.3d 959, 996 N.Y.S.2d 219, 20 N.E.3d 999 [2014] ). Further, it is apparent that defendant's ... ...
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People v. Curtis
... ... Briggs, 138 A.D.3d 1355, 1356, 30 N.Y.S.3d 748 [2016], lv. denied 28 N.Y.3d 927, 40 N.Y.S.3d 355, 63 N.E.3d 75 [2016] ; People v. Wren, 119 A.D.3d 1291, 1292, 990 N.Y.S.2d 731 [2014], lv. denied 24 N.Y.3d 1048, 998 N.Y.S.2d 318, 23 N.E.3d 161 [2014] ). Contrary to the People's argument, defendant's claim that his sentence is harsh and excessive is not foreclosed by his guilty plea, as he preserved his right to appeal (see People ... ...
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People v. Curry, 105843
... ... Under the circumstances, and in the absence of any genuine factual issues, we find that County Court did not abuse its discretion by summarily denying defendant's application to withdraw his plea (see People v. Wren, 119 A.D.3d 1291, 1292, 990 N.Y.S.2d 731 [2014], lv. denied 24 N.Y.3d 1048, 998 N.Y.S.2d 318, 23 N.E.3d 161 [2014] ; People v. Wilson, 92 A.D.3d 981, 981, 937 N.Y.S.2d 699 [2012], lv. denied 19 N.Y.3d 1029, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012] ). Contrary to his claims on this appeal, we further ... ...