| People v Lopez |
| 2011 NY Slip Op 04090 [84 AD3d 578] |
| May 17, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v EfrainLopez, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), forrespondent.
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered March 3, 2010,convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, andsentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimouslyaffirmed.
The court properly denied defendant's motion to withdraw his guilty plea (see People vFrederick, 45 NY2d 520 [1978]). "[T]he nature and extent of the fact-finding procedures onsuch motions rest largely in the discretion of the court" (People v Fiumefreddo, 82 NY2d536, 544 [1993]). Here, the court's inquiry consisted of according defendant a full opportunity topresent his claims both in writing and orally, and the circumstances did not warrant any furtherinquiry. The record establishes that the plea was knowing, intelligent and voluntary. Both theplea minutes and the court's recollection of the plea proceedings contradict defendant's assertionthat medication affected his ability to understand the proceedings (see People vAlexander, 97 NY2d 482 [2002]). While there is evidence that defendant was takingmedication for his physical illnesses, there is no evidence that it affected his comprehension.Defendant's conclusory claims of innocence and coercion were likewise meritless andcontradicted by the record. Concur—Mazzarelli, J.P., Sweeny, Acosta, Renwick andDeGrasse, JJ.