Opinion
03-25-2016
The PEOPLE of the State of New York, Respondent, v. Adam BUCCI, Defendant–Appellant.
Sessler Law P.C., Geneseo (Steven D. Sessler of Counsel), for Defendant–Appellant. Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of Counsel), for Respondent.
Sessler Law P.C., Geneseo (Steven D. Sessler of Counsel), for Defendant–Appellant.
Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51[b][ii] ), defendant contends that County Court erred in failing to conduct an evidentiary hearing or to make further inquiry into his allegations before denying his motion to withdraw his guilty plea. We reject that contention. “Only in the rare instance will a defendant be entitled to an evidentiary hearing [on such a motion] ... The defendant should be afforded a reasonable opportunity to present his contentions and the court should be enabled to make an informed determination” (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; see People v. Harris, 63 A.D.3d 1653, 1653, 880 N.Y.S.2d 448, lv. denied 13 N.Y.3d 744, 886 N.Y.S.2d 98, 914 N.E.2d 1016). Here, defendant was afforded the requisite opportunity to present his contentions (see People v. Wolf, 88 A.D.3d 1266, 1267–1268, 930 N.Y.S.2d 382, lv. denied 18 N.Y.3d 863, 938 N.Y.S.2d 871, 962 N.E.2d 296), and his claims of innocence and coercion were belied by his statements during the plea colloquy (see People v. Ivey, 98 A.D.3d 1230, 1231, 951 N.Y.S.2d 279, lv. denied 20 N.Y.3d 1012, 960 N.Y.S.2d 355, 984 N.E.2d 330; People v. McKoy, 60 A.D.3d 1374, 1374, 875 N.Y.S.2d 721, lv. denied 12 N.Y.3d 856, 881 N.Y.S.2d 668, 909 N.E.2d 591). Defendant therefore failed to raise “a legitimate question as to the voluntariness of the plea” (People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782), and the court did not abuse its discretion in concluding that no further inquiry was necessary (see People v. Strasser, 83 A.D.3d 1411, 1411, 919 N.Y.S.2d 454; see generally People v. Mitchell, 21 N.Y.3d 964, 966–967, 970 N.Y.S.2d 919, 993 N.E.2d 405).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
HALEN, P.J., CENTRA, CARNI, DeJOSEPH, and TROUTMAN, JJ., concur.