| People v Montalvo |
| 2009 NY Slip Op 05363 [63 AD3d 1089] |
| June 23, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edwin Montalvo, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel; Joseph A. Barca III on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered January 8, 2008, convicting him of manslaughter in the first degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying, without a hearing, thedefendant's application to withdraw his plea of guilty (see CPL 220.60 [3]). The recordsupports the court's determination that the defendant's plea was entered knowingly, voluntarily,and intelligently (see People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US—, 128 S Ct 2430 [2008]; People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Harris, 61 NY2d 9, 17 [1983]). In addition, the defendant entered his negotiatedplea of guilty with the assistance of competent counsel, in exchange for a favorable sentencepromise (see People v Pooler, 58 AD3d 757 [2009]). Finally, the defendant's claims ofcoercion and innocence were generalized and unsubstantiated (cf. People v Mann, 32AD3d 865, 866 [2006]). Rivera, J.P., Dillon, Covello, Eng and Hall, JJ., concur.