Opinion
2014-01-22
The PEOPLE, etc., respondent, v. Wilmer LINARES, appellant.
Jillian S. Harrington, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Donald Berk of counsel; Matthew C. Frankel on the brief), for respondent.
Jillian S. Harrington, New York, N.Y., for appellant.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Donald Berk of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 25, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the trial court ( see People v. McGhee, 62 A.D.3d 1027, 878 N.Y.S.2d 911), and its determination generally will not be disturbed absent an improvident exercise of discretion ( see People v. DeLeon, 40 A.D.3d 1008, 1009, 837 N.Y.S.2d 189). Here, the Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty. The defendant's claim that his plea was coerced by off-the-record comments by his attorney was contradicted by the thorough plea colloquy ( see People v. Krasso, 72 A.D.3d 554, 898 N.Y.S.2d 843; People v. Wiedmer, 71 A.D.3d 1067, 896 N.Y.S.2d 686).
The defendant was not deprived of the effective assistance of counsel ( 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). DILLON, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.