People v Scott
2010 NY Slip Op 07205 [77 AD3d 689]
October 5, 2010
Appellate Division, Second Department
As corrected through Wednesday, December 15, 2010


The People of the State of New York, Respondent,
v
Jadon T.Scott, Appellant.

[*1]Michael L. Soshnick, Mineola, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara Kornblau and Joanna Hershey ofcounsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Grella, J.),rendered January 22, 2010, convicting him of attempted criminal possession of a weapon in the seconddegree and aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, NassauCounty, for further proceedings pursuant to CPL 460.50 (5).

The County Court providently exercised its discretion in denying the defendant's motion towithdraw his plea of guilty (see CPL 220.60 [3]). The record supports the County Court'sdetermination that the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v Hill, 9 NY3d 189, 191[2007], cert denied 553 US 1048 [2008]; People v Fiumefreddo, 82 NY2d 536, 543[1993]; People v Harris, 61 NY2d 9, 17 [1983]). Although the defendant claims, inter alia,that he was coerced into pleading guilty, his claims are belied by the record (see People vSamuel, 208 AD2d 776, 776-777 [1994]; People v Jackson, 203 AD2d 302, 303[1994]; see also People v Elting, 18AD3d 770, 771 [2005]; People v Jones, 232 AD2d 505, 505-506 [1996]). Covello,J.P., Santucci, Balkin and Austin, JJ., concur.


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