| People v Williams |
| 2011 NY Slip Op 09440 [90 AD3d 1546] |
| December 23, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Nathaniel L.Williams, Appellant. |
—[*1] Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), forrespondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), renderedJanuary 20, 2011. The judgment convicted defendant, upon his plea of guilty, of attemptedburglary 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 burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Wereject defendant's contention that County Court abused its discretion in denying his motion towithdraw the plea. Defendant was not entitled to withdraw his plea based upon hismisapprehension of the quality of the People's case (see People v Jones, 44 NY2d 76, 81[1978], cert denied 439 US 846 [1978]; People v Gumpton, 81 AD3d 1441 [2011], lv denied 17NY3d 795 [2011]). In addition, defendant's assertion of innocence and his contention that he wascoerced into pleading guilty are belied by his statements at the plea proceeding (see People v Garner, 86 AD3d 955[2011]). "Even assuming, arguendo, that the motion to withdraw the plea preserved for ourreview defendant's challenge to the factual sufficiency of the plea allocution, we conclude that[such challenge] is without merit" (People v Conde, 34 AD3d 1347, 1347-1348 [2006]). Finally, wereject defendant's further contention that the court erred in failing to conduct an evidentiaryhearing with respect to his motion to withdraw the plea, inasmuch as "[t]he court affordeddefendant the requisite 'reasonable opportunity to present his contentions' in support of thatmotion" (People v Strasser, 83AD3d 1411, 1411 [2011]). Present—Fahey, J.P., Peradotto, Lindley, Green andGorski, JJ.