| People v Hobby |
| 2011 NY Slip Op 03415 [83 AD3d 1536] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Calvin D.Hobby, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), renderedJanuary 31, 2008. The judgment convicted defendant, upon his plea of guilty, of attemptedcriminal possession of a weapon in the second degree.
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 ofattempted criminal possession of a weapon in the second degree (Penal Law §§110.00, 265.03 [3]). We reject defendant's contention that his plea was coerced by the threat offederal prosecution and thus that Supreme Court abused its discretion in denying his motion towithdraw his plea on that ground (seePeople v Mason, 56 AD3d 1201, 1202 [2008], lv denied 11 NY3d 927 [2009]).Defendant admitted during the plea allocution that he committed the offense and "did not claimeither that he was innocent or that he had been coerced" into pleading guilty (People v Sparcino, 78 AD3d 1508,1509 [2010], lv denied 16 NY3d 746 [2011]). The fact that the possibility of a federalprosecution may have influenced defendant's decision to plead guilty is insufficient to establishthat the plea was coerced (see generally People v McDonnell, 302 AD2d 619 [2003],lv denied 100 NY2d 540 [2003]). Present—Smith, J.P., Peradotto, Carni, Sconiersand Green, JJ.