Opinion
12-21-2016
The PEOPLE, etc., respondent, v. Matthew WILNER, appellant.
Matthew Wilner, Roslyn, N.Y., appellant pro se. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards of counsel; Matthew Frankel on the brief), for respondent.
Matthew Wilner, Roslyn, N.Y., appellant pro se.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards of counsel; Matthew Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Quinn, J.), rendered April 7, 2015, convicting him of operating a motor vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192(4–a), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.The Supreme Court properly denied the defendant's motion to withdraw his plea of guilty. A plea of guilty will be upheld as valid if it 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 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Courts generally only permit withdrawal of a plea of guilty if there is evidence of innocence, fraud, or mistake in the inducement (see People v. Davis, 250 A.D.2d 939, 940, 672 N.Y.S.2d 945 ). The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the court, and generally will not be disturbed absent an improvident exercise of discretion (see CPL 220.60[3] ; People v. Alexander, 97 N.Y.2d 482, 483–484, 743 N.Y.S.2d 45, 769 N.E.2d 802 ; People v. Bennett, 115 A.D.3d 973, 973–974, 982 N.Y.S.2d 554 ; People v. Howard, 109 A.D.3d 487, 970 N.Y.S.2d 86 ). Here, contrary to the defendant's contention, the record shows that he understood the terms of the plea agreement, and understood the rights he was waiving as part of that agreement (see Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 ; People v. Tyrell, 22 N.Y.3d 359, 981 N.Y.S.2d 336, 4 N.E.3d 346 ). Thus, the record demonstrates that the defendant knowingly, voluntarily, and intelligently entered into the negotiated plea agreement.
The defendant's contention that the ineffective assistance of counsel rendered his plea involuntary is without merit, as defense counsel provided meaningful representation (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 ). Since the defendant's remaining arguments challenging counsel's effectiveness do not directly involve the negotiation of his plea, the defendant has forfeited appellate review of those claims (see People v. Collier, 71 A.D.3d 909, 910, 895 N.Y.S.2d 848 ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.