Opinion
09-30-2016
The PEOPLE of the State of New York, Respondent, v. George ALFRED, Jr., Defendant–Appellant.
Linda M. Campbell, Syracuse, for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered July 7, 2014. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree and kidnapping in the second degree.
Linda M. Campbell, Syracuse, for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, murder in the second degree (Penal Law § 125.25[1] ). We reject defendant's contention that County Court abused its discretion in denying his motion to withdraw his guilty plea without conducting an evidentiary hearing.
“ ‘When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances' ” (People v. Manor, 27 N.Y.3d 1012, 1013, 35 N.Y.S.3d 272, 54 N.E.3d 1143, quoting People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782 ; see People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 ; People v. Green, 122 A.D.3d 1342, 1343, 995 N.Y.S.2d 897 ). Here, the motion to withdraw the guilty plea was supported by an affidavit from defendant detailing his claims, and the court permitted defense counsel to argue the motion. We therefore conclude that defendant was “afforded a reasonable opportunity to advance his claims” and that the court did not abuse its discretion in denying the motion without a hearing (People v. Witcher, 222 A.D.2d 1016, 1016, 635 N.Y.S.2d 908, lv. denied 87 N.Y.2d 1027, 644 N.Y.S.2d 160, 666 N.E.2d 1074 ; see Manor, 27 N.Y.3d at 1013, 35 N.Y.S.3d 272, 54 N.E.3d 1143 ; People v. Zimmerman, 100 A.D.3d 1360, 1362, 953 N.Y.S.2d 427, lv. denied 20 N.Y.3d 1015, 960 N.Y.S.2d 359, 984 N.E.2d 334 ). In any event, defendant's “ ‘conclusory and unsubstantiated assertion’ ” that his plea was coerced is belied by his statements during the plea proceedings (People v. McKinnon, 5 A.D.3d 1076, 1076–1077, 773 N.Y.S.2d 659, lv. denied 2 N.Y.3d 803, 781 N.Y.S.2d 302, 814 N.E.2d 474 ; see People v. Quijada–Lopez, 256 A.D.2d 478, 478, 683 N.Y.S.2d 432, lv. denied 93 N.Y.2d 928, 693 N.Y.S.2d 511, 715 N.E.2d 514 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, and TROUTMAN, JJ., concur.