Opinion
2012-03311 Ind. No. 2045-10
07-25-2018
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan 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. (Michael J. Brennan of counsel), for respondent.
RUTH C. BALKIN, J.P., BETSY BARROS, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (James Hudson, J.), rendered March 22, 2012, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty. Contrary to the defendant's contention, he was afforded a reasonable opportunity to advance, with the aid of counsel, the grounds supporting his motion (see People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332 ; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 ; People v. Smith, 130 A.D.3d 411, 12 N.Y.S.3d 96 ; People v. Fuller, 156 A.D.2d 377, 378, 548 N.Y.S.2d 333 ; cf. People v. Anderson, 222 A.D.2d 515, 635 N.Y.S.2d 650 ).
BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.