Opinion
2010–00328 Ind. No. 09–00146
04-24-2019
The PEOPLE, etc., Respondent, v. Calvin SNYPE, Appellant.
Douglas M. Jones, Florida, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (William C. Ghee of counsel), for respondent.
Douglas M. Jones, Florida, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (William C. Ghee of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.
DECISION & ORDERORDERED that the judgment is affirmed.
"The decision to permit a defendant to withdraw a previously entered plea of guilty, as well as the nature and extent of the fact-finding inquiry, rests largely within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion" ( People v. Jemmott, 125 A.D.3d 1005, 1006, 5 N.Y.S.3d 447 ; see CPL 220.60[3] ; People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782 ; People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802 ). Here, 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. King, 161 A.D.3d 1010, 73 N.Y.S.3d 757 ; People v. Douglas, 83 A.D.3d 1092, 1092–1093, 921 N.Y.S.2d 324 ).
By pleading guilty, the defendant waived his claim that the evidence submitted to the grand jury was not sufficient to support the third count of the indictment (see People v. Dunbar, 53 N.Y.2d 868, 871, 440 N.Y.S.2d 613, 423 N.E.2d 36 ; People v. Smith, 147 A.D.3d 791, 45 N.Y.S.3d 808 ; People v. Kennington, 283 A.D.2d 658, 725 N.Y.S.2d 858 ; People v. Caleca, 273 A.D.2d 476, 711 N.Y.S.2d 743 ).
The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.