Opinion
2017-07060 Ind. No. 2178/16
07-03-2019
The PEOPLE, etc., Respondent, v. Robert E. COLSON, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Suffolk County (William J. Condon, J.), rendered June 5, 2017, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty should be vacated because the sentencing court failed to ask the defendant if he wanted to withdraw his plea in light of certain comments the defendant made at sentencing. Contrary to the defendant's contention, the subject comments did not cast significant doubt upon his guilt or otherwise call into question the voluntariness of the plea (see People v. Williams, 27 N.Y.3d 212, 220, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). Therefore, the County Court was not under a duty to inquire further into the validity of the plea or to offer the defendant an opportunity to withdraw his plea before imposing sentence (see People v. Taylor, 60 A.D.3d 708, 709, 874 N.Y.S.2d 531 ; People v. Conti, 285 A.D.2d 557, 727 N.Y.S.2d 884 ; see generally People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ).
MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.