| People v Caufield |
| 2008 NY Slip Op 10017 [57 AD3d 796] |
| December 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JosephCaufield, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason P. Weinstein ofcounsel), for respondent.
Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Carter, J.),rendered April 1, 2005, convicting him of murder in the second degree under indictment No. 2595/01,upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also renderedApril 1, 2005, convicting him of manslaughter in the first degree under indictment No. 2116/03, uponhis plea of guilty, and imposing sentence.
Ordered that the judgments are affirmed.
The court did not improvidently exercise its discretion in denying, without an evidentiary hearing,the defendant's motion to withdraw his pleas of guilty. The defendant's conclusory allegations that hewas coerced to enter the plea agreements were directly belied by the record of the plea proceedings(see People v Owens, 43 AD3d1185 [2007]; People v Morales, 17AD3d 487 [2005]; People v Rangolan, 295 AD2d 543 [2002]; People vFernandez, 291 AD2d 456 [2002]).
The defendant's remaining contention is without merit. Spolzino, J.P., Covello, Angiolillo andChambers, JJ., concur.