People v Hylton

2008 NY Slip Op 05307

Decided on June 10, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2008
Lippman, P.J., Williams, Moskowitz, Acosta, JJ.
3881 3666/05






Richard M. Greenberg, Office of the Appellate Defender, New
York (Risa Gerson of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jared
Wolkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 14, 2006, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]). The court accorded defendant ample opportunity to present his claims, and it did not inhibit him from asserting his innocence. The record establishes that defendant's plea was knowing, intelligent and voluntary, and that his claim of innocence was contradicted by his plea allocution.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 10, 2008

CLERK