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People v. McVay

Supreme Court, Appellate Division, Second Department, New York.
Jun 22, 2016
140 A.D.3d 1090 (N.Y. App. Div. 2016)

Opinion

06-22-2016

The PEOPLE, etc., respondent, v. Jeffrey L. McVAY, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Opinion Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered December 9, 2013, convicting him of attempted burglary 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, without a hearing, the defendant's motion to withdraw his plea of guilty (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Dazzo, 92 A.D.3d 796, 938 N.Y.S.2d 446 ; People v. Caruso, 88 A.D.3d 809, 930 N.Y.S.2d 668 ). “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry ‘rest[s] largely in the discretion of the Judge to whom the motion is made’ and a hearing will be granted only in rare instances” (People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782, quoting People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 ; see People v. Smith, 54 A.D.3d 879, 863 N.Y.S.2d 818 ).

Here, the record supports the County Court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; see also People v. Baker, 104 A.D.3d 783, 960 N.Y.S.2d 511 ). The defendant's postplea assertion that he pleaded guilty “because of duress” is belied by his statements under oath at his plea allocution, and is insufficient to warrant withdrawal of his plea or a hearing (see People v. Innocent, 132 A.D.3d 696, 17 N.Y.S.3d 505 ; People v. Dazzo, 92 A.D.3d at 796–797, 938 N.Y.S.2d 446 ; People v. Caruso, 88 A.D.3d at 810, 930 N.Y.S.2d 668 ; see also People v. Jones, 71 A.D.3d 1573, 896 N.Y.S.2d 787 ). Finally, there is no merit to the defendant's contention that he was deprived of the effective assistance of counsel (see People v. McGuire, 122 A.D.3d 947, 948, 997 N.Y.S.2d 468 ; People v. Haywood, 122 A.D.3d 769, 770, 996 N.Y.S.2d 137 ).

LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.


Summaries of

People v. McVay

Supreme Court, Appellate Division, Second Department, New York.
Jun 22, 2016
140 A.D.3d 1090 (N.Y. App. Div. 2016)
Case details for

People v. McVay

Case Details

Full title:The PEOPLE, etc., respondent, v. Jeffrey L. McVAY, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 22, 2016

Citations

140 A.D.3d 1090 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 4963
33 N.Y.S.3d 742

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