Opinion
Nos. 16827 16827A SCI No. 2433/19 Case No. 2021-01997
12-08-2022
The People of the State of New York, Respondent, v. Sahil Aziz, Defendant-Appellant.
Jonathan Rosenberg, PLLC, Brooklyn (Jonathan Rosenberg of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Jonathan Rosenberg, PLLC, Brooklyn (Jonathan Rosenberg of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Before: Kapnick, J.P., Oing, Singh, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Bahaati E. Pitt, J. at plea; Michael J. Hartofilis, J. at plea withdrawal motion; Tara A. Collins, J. at sentencing) rendered May 27, 2021, convicting defendant of attempted assault in the second degree, and sentencing him to three years' probation, unanimously affirmed. Purported appeal from order, same Court (Hartofilis, J.), entered on or about March 5, 2021, which denied defendant's motion to withdraw his plea, unanimously dismissed, as subsumed in the appeal from the judgment.
The court providently exercised its discretion in denying defendant's motion to withdraw his guilty plea, without granting a hearing, where defendant was afforded a reasonable opportunity to advance his contentions (see People v Frederick, 45 N.Y.2d 520 [1978]). The record establishes that defendant knowingly, intelligently, and voluntarily pleaded guilty after a thorough allocution, and that he was fully able to understand the proceedings. His conclusory assertions of actual innocence, language difficulties, and ineffective assistance of counsel are contradicted by the record and did not require a hearing (see People v Fiumefreddo, 82 N.Y.2d 536, 543-544 [1993]).