| People v Deliser |
| 2011 NY Slip Op 05517 [85 AD3d 1047] |
| June 21, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JosueDeliser, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner ofcounsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Gerges,J.), both rendered July 21, 2009, convicting him of attempted murder in the second degree underIndictment No. 2938/06, and robbery in the first degree under Indictment No. 5477/07, upon hispleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
"[A] guilty plea will be upheld as valid if it was entered voluntarily, knowingly andintelligently" (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People vMoissett, 76 NY2d 909, 910-911 [1990]; People v Lopez, 71 NY2d 662, 666[1988]). The decision as to whether to permit a defendant to withdraw a previously entered pleaof guilty rests within the sound discretion of the motion court (see CPL 220.60 [3];People v Frederick, 45 NY2d 520, 525 [1978]; People v DeLeon, 40 AD3d 1008, 1008-1009 [2007]; People v Mann, 32 AD3d 865, 866[2006]; People v Turner, 23 AD3d503 [2005]). Here, the defendant's pleas of guilty were knowingly, voluntarily, andintelligently entered, and his claims of coercion are belied by the record (see People v Aguayo, 73 AD3d938, 939 [2010]).
Moreover, contrary to the defendant's contentions, the record reveals that his attorney did nottake a position adverse to his motion to withdraw his pleas (see People v Dickerson, 66 AD3d 1371, 1372 [2009]; People v Brown, 36 AD3d 931[2007]; People v Caple, 279 AD2d 635, 636 [2001]; People v Richards, 227AD2d 419 [1996]; cf. People vDixon, 63 AD3d 957 [2009]; People v Bedoya, 53 AD3d 621 [2008]; People v Bryant, 22 AD3d 676,677 [2005]; People v Earp, 7 AD3d538, 539 [2004]). Accordingly, the Supreme Court properly denied his motion to withdrawhis pleas. Rivera, J.P., Eng, Roman and Miller, JJ., concur.