Opinion
2014-11-19
The PEOPLE, etc., respondent, v. Shmuel DYM, appellant.
Patrick J. Jennings, Saratoga Springs, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Patrick J. Jennings, Saratoga Springs, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County, (Kelly, J.), rendered February 7, 2013, convicting him of course of sexual conduct against a child in the second degree (two counts) and endangering the welfare of a child in the second degree (two counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
“The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court, and this determination generally will not be disturbed absent an improvident exercise of discretion” (People v. Pooler, 58 A.D.3d 757, 757, 871 N.Y.S.2d 707 [citations omitted]; see People v. Ford, 44 A.D.3d 1070, 1070, 844 N.Y.S.2d 400; People v. DeLeon, 40 A.D.3d 1008, 1008–1009, 837 N.Y.S.2d 189).
Here, the Supreme Court providently exercised its discretion in rejecting the defendant's application to withdraw his plea of guilty based on his claims that the plea was coerced by his attorneys, as that claim was not borne out by the record ( see People v. Elting, 18 A.D.3d 770, 771, 795 N.Y.S.2d 699; People v. Hall, 195 A.D.2d 521, 522, 600 N.Y.S.2d 274; People v. Grady, 110 A.D.2d 780, 488 N.Y.S.2d 58).
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The defendant's remaining contentions are without merit.