| People v Strasser |
| 2011 NY Slip Op 02565 [83 AD3d 1411] |
| April 1, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Cameron K.Strasser, Appellant. |
—[*1]
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered June25, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the thirddegree (five counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty offive counts of burglary in the third degree (Penal Law § 140.20). We reject defendant'scontention that County Court erred in failing to conduct an evidentiary hearing before denyinghis motion to withdraw his plea. The court afforded defendant the requisite "reasonableopportunity to present his contentions" in support of that motion (People v Tinsley, 35NY2d 926, 927 [1974]; see People vIrvine, 42 AD3d 949 [2007], lv denied 9 NY3d 962 [2007]), and the court didnot abuse its discretion in concluding that no further inquiry was necessary. Defendant'scontention that the plea was coerced by defense counsel is belied by his statements during theplea colloquy that no one forced him to plead guilty and that he was satisfied with therepresentation of defense counsel (see Irvine, 42 AD3d 949; People v Nichols, 21 AD3d 1273,1274 [2005], lv denied 6 NY3d 757 [2005]). We reject defendant's further contention thatthe court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuchas the record does not demonstrate that defense counsel took a position adverse to defendant (see People v McKoy, 60 AD3d1374, 1374-1375 [2009], lv denied 12 NY3d 856 [2009]), or that he coerceddefendant into pleading guilty (cf. People v Ulloa, 300 AD2d 60, 61-62 [2002]).Present—Smith, J.P., Fahey, Carni, Lindley and Gorski, JJ.