Opinion
09-30-2016
The PEOPLE of the State of New York, Respondent, v. Cleophis HARRIS, Defendant–Appellant.
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for defendant-appellant. Patrick E. Swanson, Acting District Attorney, Mayville (Lynn S. Schaffer of Counsel), for respondent.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered July 14, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for defendant-appellant.
Patrick E. Swanson, Acting District Attorney, Mayville (Lynn S. Schaffer of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). Contrary to defendant's contention, County Court did not ignore his oral motion to withdraw his plea or fail to set forth for judicial review any decision with respect thereto. Instead, the court explicitly and properly denied defendant's oral motion to withdraw the plea based upon the absence of any record support for defendant's conclusory assertion that his guilty plea had been coerced (see People v. Allen, 99 A.D.3d 1252, 1252, 951 N.Y.S.2d 822 ). Furthermore, the court accorded defendant a reasonable opportunity to present his contentions and did not “ abuse its discretion in concluding that no further inquiry was necessary” (People v. Strasser, 83 A.D.3d 1411, 1411, 919 N.Y.S.2d 454 ; cf. People v. Days, 125 A.D.3d 1508, 1508–1509, 4 N.Y.S.3d 433 ).
Contrary to his further contention, defendant was not “deprived of effective assistance of counsel at sentencing based on his attorney's refusal to incorporate the arguments raised by defendant at sentencing into [a] written motion to withdraw defendant's plea” (People v. Green, 132 A.D.3d 1268, 1269, 17 N.Y.S.3d 807, lv.
denied 27 N.Y.3d 1069, 38 N.Y.S.3d 840, 60 N.E.3d 1206 ). Furthermore, “defense counsel's failure to join in [defendant's oral] motion did not constitute ineffective assistance” (People v. Weinstock, 129 A.D.3d 1663, 1664, 11 N.Y.S.3d 782, lv. denied 26 N.Y.3d 1012, 20 N.Y.S.3d 552, 42 N.E.3d 222 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.