| People v McGhee |
| 2009 NY Slip Op 04263 [62 AD3d 1027] |
| May 26, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Chene McGhee, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.),rendered March 18, 2008, convicting her of assault in the second degree and resisting arrest,upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
A motion to withdraw a plea of guilty rests within the sound discretion of the County Court(see People v Seeber, 4 NY3d780 [2005]; People v Mann, 32AD3d 865 [2006]; People vKucharczyk, 15 AD3d 595 [2005]), whose determination generally will not be disturbedabsent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008 [2007]). In this case, thedefendant entered her plea of guilty knowingly, voluntarily, and intelligently, having reached afavorable plea bargain with the assistance of competent counsel with whose representation thedefendant was satisfied (see People vMann, 32 AD3d 865 [2006]). The defendant's generalized and unsubstantiated claim ofcoercion was not sufficient to warrant the vacatur of the plea of guilty. Mastro, J.P., Fisher,Florio and Eng, JJ., concur.