| People v Gramola |
| 2013 NY Slip Op 00226 [102 AD3d 810] |
| January 16, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Steven Gramola, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andSharon Y. Brodt of counsel; Andrew Dykens on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Chin-Brandt, J., at plea; Melendez J., at sentencing), rendered July 12, 2010, convictinghim of assault in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, since his waiver of indictment satisfied all ofthe requirements of the New York Constitution and CPL article 195, the waiver ofindictment was valid (see NY Const, art I, § 6; CPL 195.10, 195.20; People v Pierce, 14 NY3d564, 567-568 [2010]).
Contrary to the defendant's contention, inasmuch as the defendant's recitation of thefacts underlying the crime to which he pleaded guilty did not cast significant doubt uponhis guilt or otherwise call into the question the voluntariness of his plea, the SupremeCourt did not have a duty to inquire further to ensure that the defendant's plea of guiltywas knowing and voluntary (see People v Lopez, 71 NY2d 662, 666 [1988]).
The Supreme Court providently exercised its discretion in denying, without ahearing, the defendant's motion to withdraw his plea of guilty. The defendant'scontention that he had a valid justification defense which his prior attorney would notpursue was supported only by a conclusory statement of his new attorney (see People v Maye, 64 AD3d617, 618 [2009]; People vMontalvo, 63 AD3d 1089, 1090 [2009]; People v Mann, 32 AD3d 865, 866 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Dickerson, Lott and Austin, JJ., concur.