| People v Washington |
| 2008 NY Slip Op 04403 [51 AD3d 1223] |
| May 15, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JeffreyWashington, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Washington County (Berke, J.),rendered August 15, 2006, convicting defendant upon his plea of guilty of the crime of assault inthe second degree.
Defendant, an inmate, was charged in a three-count indictment for striking two correctionsofficers in the head. In full satisfaction of the indictment, defendant entered an Alfordplea to one count of assault in the second degree. Prior to sentencing, defendant made an oralmotion to withdraw his plea. County Court denied the motion and sentenced defendant, pursuantto the plea agreement, as a second felony offender to a prison term of three years, to runconsecutive to his current term of imprisonment, followed by five years of postreleasesupervision. Defendant now appeals.
Defendant's sole contention on appeal is that County Court erred in not allowing him towithdraw his Alford plea inasmuch as there is evidence of his innocence. AnAlford plea may only be allowed when it is the product of a voluntary and rational choiceand there is strong evidence of defendant's guilt before the court (see Matter of Silmon vTravis, 95 NY2d 470, 475 [2000]; People v Matthie, 34 AD3d 987, 989 [2006], lvs denied 8NY3d 805, 847 [2007]). We are satisfied that defendant's plea was a voluntary and rationalchoice among alternative courses of action, as he indicated that he understood County Court'sdetailed explanation of the [*2]consequences of pleading guiltyand he entered the plea to avoid exposure to a longer prison sentence at trial (see People v Cash, 19 AD3d 934,935 [2005], lv denied 5 NY3d 804 [2005]; People v Ruger, 279 AD2d 795,796-797 [2001], lv denied 96 NY2d 806 [2001]). Furthermore, defendant's claim thatthere is evidence of his innocence is limited to statements he made at the plea allocution andsentencing. However, "[p]rotestations of innocence do not preclude the court from accepting anAlford plea" (People v Stewart, 307 AD2d 533, 534 [2003]). Insofar as we findthat County Court's review of the grand jury minutes prior to defendant's plea established a basisfor finding strong record evidence of his actual guilt, the denial of his motion to withdraw hisplea was not an abuse of discretion (seePeople v Ebert, 15 AD3d 781, 782 [2005]; People v Spulka, 285 AD2d 840, 841[2001], lv denied 97 NY2d 643 [2001]).
Peters, J.P., Lahtinen, Kane and Stein, JJ., concur. Ordered that the judgment is affirmed.