Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 3d Dept: 192 A.D.3d 1267 (Saratoga)

[and] an evidentiary hearing will be required only where the record presents a genuine question of fact as to the plea's voluntariness" (People v Rodriguez, 206 A.D.3d 1383, 1385 [3d Dept 2022] [internal quotation marks, brackets and citations omitted]; see People v Trichilo, 199 A.D.3d 1125, 1126 [3d Dept 2021]). Defendant's claims of duress are contradicted by the record (see People v Trichilo, 199 A.D.3d at 1126; People v Gasparro, 139 A.D.3d 1247, 1248 [3d Dept 2016], lv denied 28 N.Y.3d 929 [2016]), and his "unsupported claim of innocence is insufficient to undermine the voluntariness of his plea" (People v Rodriguez, 206 A.D.3d at 1385; see People v Washburn, 192 A.D.3d 1267, 1269 [3d Dept 2021], lv denied 37 N.Y.3d 961 [2021]).

(People v. Rodriguez, 206 A.D.3d 1383, 1385, 170 N.Y.S.3d 359 [3d Dept. 2022] [internal quotation marks, brackets and citations omitted]; see People v. Trichilo, 199 A.D.3d 1125, 1126, 155 N.Y.S.3d 495 [3d Dept. 2021]). Defendant’s claims of duress are contradicted by the record (seePeople v. Trichilo, 199 A.D.3d at 1126, 155 N.Y.S.3d 495; People v. Gasparro, 139 A.D.3d 1247, 1248, 30 N.Y.S.3d 580 [3d Dept. 2016], lvdenied 28 N.Y.3d 929, 40 N.Y.S.3d 358, 63 N.E.3d 78 [2016]), and his "unsupported claim of innocence is insufficient to undermine the voluntariness of his plea" (People v. Rodriguez, 206 A.D.3d at 1385, 170 N.Y.S.3d 359; see People v. Washburn, 192 A.D.3d 1267, 1269, 142 N.Y.S.3d 676 [3d Dept. 2021], lvdenied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021]). [9] In supplemental submissions, defendant focuses on the error of substituted counsel in offering an opinion relative to his claim of ineffective representation by prior counsel.

The record further reflects that defendant acknowledged that he had sufficient time to speak with counsel, was satisfied with counsel's representation, was not being forced or coerced into pleading guilty and had no questions about the plea, sentence or consequences of pleading guilty. Under the circumstances, the general assertions and unsupported claim of innocence forming the basis of defendant's motion to withdraw did not undermine the voluntariness of the plea (seePeople v. Washburn, 192 A.D.3d 1267, 1268–1269, 142 N.Y.S.3d 676 [3d Dept. 2021], lv denied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021] ; People v. Diggs, 178 A.D.3d 1203, 1205, 116 N.Y.S.3d 707 [3d Dept. 2019], lv denied 34 N.Y.3d 1158, 120 N.Y.S.3d 234, 142 N.E.3d 1136 [2020] ). Further, as there was no evidence of innocence, fraud or mistake in the plea's inducement, County Court did not abuse its discretion in denying defendant's motion to withdraw his plea (seePeople v. Diggs, 178 A.D.3d at 1205, 116 N.Y.S.3d 707 ; People v. Ozuna, 177 A.D.3d 1040, 1041, 112 N.Y.S.3d 826 [3d Dept. 2019], lv denied 35 N.Y.3d 972, 125 N.Y.S.3d 10, 148 N.E.3d 474 [2020] ).

Defendant additionally argues upon his direct appeal from the judgment of conviction that his sentence should be reduced in the interest of justice. In view of the nature of the offenses for which he was convicted and his prior criminal history, we are unpersuaded (see People v Nelson, 196 A.D.3d 972, 972 [3d Dept 2021], lv denied 37 N.Y.3d 1028 [2021]; People v Washburn, 192 A.D.3d 1267, 1268 [3d Dept 2021], lv denied 37 N.Y.3d 961 [2021]).

on, 170 A.D.3d 878, 878, 93 N.Y.S.3d 864 [2019], lv denied 33 N.Y.3d 1028, 102 N.Y.S.3d 504, 126 N.E.3d 154 [2019] ; People v. Allen, 166 A.D.3d 1210, 1210–1211, 85 N.Y.S.3d 803 [2018], lvs denied 32 N.Y.3d 1201, 1206, 99 N.Y.S.3d 198, 251, 122 N.E.3d 1111, 1163 [2019]; People v. Hopper, 153 A.D.3d 1045, 1047, 61 N.Y.S.3d 176 [2017], lv denied 30 N.Y.3d 1061, 71 N.Y.S.3d 11, 94 N.E.3d 493 [2017] ; comparePeople v. Skyers, 173 A.D.3d 1565, 1566, 104 N.Y.S.3d 387 [2019] ). Moreover, a review of the plea colloquy reveals that defendant assured County Court that he was thinking clearly at the time of the plea, had been afforded sufficient time to fully discuss the plea bargain and any potential defenses, was satisfied with counsel's services and was voluntarily pleading guilty because he was in fact guilty of assault (seePeople v. Stockwell, 203 A.D.3d 1407, 1408–1409, 161 N.Y.S.3d 859 [2022], lv denied ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2022 WL 2117996 [May 26, 2022] ; People v. Washburn, 192 A.D.3d 1267, 1268–1269, 142 N.Y.S.3d 676 [2021], lv denied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021] ). Under these circumstances, defendant's unsupported claim of innocence is insufficient to undermine the voluntariness of his plea (seePeople v. Diggs, 178 A.D.3d 1203, 1204–1205, 116 N.Y.S.3d 707 [2019], lv denied 34 N.Y.3d 1158, 120 N.Y.S.3d 234, 142 N.E.3d 1136 [2020] ; People v. Ozuna, 177 A.D.3d 1040, 1041, 112 N.Y.S.3d 826 [2019], lv denied 35 N.Y.3d 972, 125 N.Y.S.3d 10, 148 N.E.3d 474 [2020] )

made during the course of the plea colloquy, and defendant's belated, postplea statements in this regard - as set forth in the presentence investigation report - did not impose a duty of further inquiry upon County Court (see People v Anderson, 170 A.D.3d 878, 878 [2019], lv denied 33 N.Y.3d 1028 [2019]; People v Allen, 166 A.D.3d 1210, 1210-1211 [2018], lvs denied 32 N.Y.3d 1201, 1206 [2019]; People v Hopper, 153 A.D.3d 1045, 1047 [2017], lv denied 30 N.Y.3d 1061 [2017]; compare People v Skyers, 173 A.D.3d 1565, 1566 [2019]). Moreover, a review of the plea colloquy reveals that defendant assured County Court that he was thinking clearly at the time of the plea, had been afforded sufficient time to fully discuss the plea bargain and any potential defenses, was satisfied with counsel's services and was voluntarily pleading guilty because he was in fact guilty of assault (see People v Stockwell, 203 A.D.3d 1407, 1408-1409 [2022], lv denied __ N.Y.3d __ [May 26, 2022]; People v Washburn, 192 A.D.3d 1267, 1268-1269 [2021], lv denied 37 N.Y.3d 961 [2021]). Under these circumstances, defendant's unsupported claim of innocence is insufficient to undermine the voluntariness of his plea (see People v Diggs, 178 A.D.3d 1203, 1204-1205 [2019], lv denied 34 N.Y.3d 1158 [2020]; People v Ozuna, 177 A.D.3d 1040, 1041 [2019], lv denied 35 N.Y.3d 972 [2020]).

As such, defendant's remaining claim, that the amount of postrelease supervision imposed was harsh and excessive, is properly before us. Although the underlying crime represented defendant's first conviction in over 11 years, in view of his otherwise lengthy criminal history, we find no extraordinary circumstances or abuse of discretion warranting a reduction of the agreed-upon term of postrelease supervision in the interest of justice (seePeople v. Washburn, 192 A.D.3d 1267, 1268, 142 N.Y.S.3d 676 [2021], lv denied 37 N.Y.3d 961, 147 N.Y.S.3d 518, 170 N.E.3d 392 [2021] ; People v. Weidow, 150 A.D.3d 1488, 1488–1489, 52 N.Y.S.3d 236 [2017] ). Garry, P.J., Egan Jr., Lynch, Aarons and Pritzker, JJ., concur.

As such, defendant's remaining claim, that the amount of postrelease supervision imposed was harsh and excessive, is properly before us. Although the underlying crime represented defendant's first conviction in over 11 years, in view of his otherwise lengthy criminal history, we find no extraordinary circumstances or abuse of discretion warranting a reduction of the agreed-upon term of postrelease supervision in the interest of justice (see People v Washburn, 192 A.D.3d 1267, 1268 [2021], lv denied 37 N.Y.3d 961 [2021]; People v Weidow, 150 A.D.3d 1488, 1488-1489 [2017]). Garry, P.J., Egan Jr., Lynch, Aarons and Pritzker, JJ., concur.

As such, defendant's remaining claim, that the amount of postrelease supervision imposed was harsh and excessive, is properly before us. Although the underlying crime represented defendant's first conviction in over 11 years, in view of his otherwise lengthy criminal history, we find no extraordinary circumstances or abuse of discretion warranting a reduction of the agreed-upon term of postrelease supervision in the interest of justice (see People v Washburn, 192 A.D.3d 1267, 1268 [2021], lv denied 37 N.Y.3d 961 [2021]; People v Weidow, 150 A.D.3d 1488, 1488-1489 [2017]). Garry, P.J., Egan Jr., Lynch, Aarons and Pritzker, JJ., concur.