| People v Villalobos |
| 2010 NY Slip Op 02184 [71 AD3d 924] |
| March 16, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Cristobal Villalobos, Appellant. |
—[*1]
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof,J.), rendered November 12, 2008, convicting him of manslaughter in the first degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The decision whether to permit a defendant to withdraw a previously entered plea of guiltyrests within the sound discretion of the sentencing court (see People v Torres, 68 AD3d 1142, 1143 [2009]; People v Miller, 68 AD3d 1134[2009]; People v Pooler, 58 AD3d757 [2009]; People v Ford, 44AD3d 1070 [2007]; People vMann, 32 AD3d 865, 866 [2006]), and this determination generally will not bedisturbed absent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008, 1009 [2007]). Thedefendant's argument that his plea was factually insufficient is not preserved for appellate reviewbecause he failed to move to withdraw his plea on this ground (see People v Clarke, 93NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-668 [1988]; People v Bailey, 49 AD3d 1258,1259 [2008]; People v Thompson,28 AD3d 498 [2006]). In any event, the record supports the Supreme Court's determinationthat the defendant's plea was factually sufficient, and was entered knowingly, voluntarily, andintelligently.
Furthermore, contrary to the defendant's contention, prior to pronouncing sentence, theSupreme Court provided the defendant and his attorney with ample opportunity to address itregarding his plea (see People v Tinsley, 35 NY2d 926, 927 [1974]; People v Hylton, 52 AD3d 261[2008]; People v Santiago, 287 AD2d 664 [2001]). The defendant's bare request, at thetime of sentencing, to withdraw his plea of guilty, without providing any reason therefor, wasinsufficient to warrant the vacatur of his plea (see People v Cummings, 53 AD3d 587 [2008]; People v Mann, 32 AD3d 865,866 [2006]; People v De Jesus, 199 AD2d 529, 530 [1993]).
Accordingly, the Supreme Court providently exercised its discretion in denying, without ahearing, the defendant's motion to withdraw his plea of guilty (see People v Montalvo, 63 AD3d1089 [2009]). Rivera, J.P., Angiolillo, Dickerson and Roman, JJ., concur.