| People v Brown |
| 2009 NY Slip Op 00741 [59 AD3d 937] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v HomerBrown, Jr., Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nicole M. Fantigrossi of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered October5, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the thirddegree and grand larceny in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robberyin the third degree (Penal Law § 160.05) and grand larceny in the fourth degree (§155.30 [5]), defendant contends that his plea was not voluntarily entered and that County Courtabused its discretion in denying his motion to withdraw the plea without conducting a hearing(see CPL 220.60 [3]). We reject those contentions. "Trial judges are vested withdiscretion in deciding plea withdrawal motions because they are best able to determine whether aplea is entered voluntarily, knowingly and intelligently" (People v Alexander, 97 NY2d482, 485 [2002]). Here, defendant's allegations of duress and coercion are belied by thestatements of defendant during the plea colloquy, wherein he knowingly and voluntarilyadmitted that he committed the crimes to which he was pleading guilty (see People v Nimmons, 27 AD3d1186 [2006], lv denied 6 NY3d 851 [2006]; People v Dale, 235 AD2d 565,566 [1997]). Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.