| People v Mullen |
| 2010 NY Slip Op 07201 [77 AD3d 686] |
| October 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CorilynnMullen, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered February 19, 2008, convicting her of grand larceny in the second degree, upon her plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying the defendant's motion towithdraw her plea of guilty based on her claims of innocence, coercion, and ineffective assistance ofcounsel since her claims were belied by her statements made at the plea proceedings (see CPL220.60 [3]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Frederick,45 NY2d 520, 525 [1978]; People vGedin, 46 AD3d 701 [2007]; People v Brown, 13 AD3d 548, 549 [2004]; People v Abney, 10 AD3d 617[2004]).
The defendant's contention that her plea of guilty was not voluntary because she did not haveenough time to contemplate the amount of restitution that was included in the terms of her pleaagreement is unpreserved for appellate review since she did not move to withdraw her plea on thatbasis (see People v Bolton, 63 AD3d1087 [2009]; People v Scoca, 38AD3d 801 [2007]; People vVelazquez, 21 AD3d 388 [2005]). In any event, the defendant entered her plea afterdiscussing the issue of restitution with competent counsel (see People v Oyague, 237 AD2d311 [1997]; People v Sampson, 156 AD2d 492, 493 [1989]; People v Riley, 120AD2d 752 [1986]).
The defendant's remaining contentions are either waived, forfeited, or based on matter dehors therecord (see People v Ramos, 7 NY3d737 [2006]; People v Lopez, 6NY3d 248 [2006]; People v Petgen, 55 NY2d 529, 535 n 3 [1982]; People v Bravo, 72 AD3d 697 [2010],lv denied 15 NY3d 747 [2010]; People v Burton, 69 AD3d 644 [2010]). Mastro, J.P., Florio,Dickerson, Belen and Lott, JJ., concur.