People v McBride
2013 NY Slip Op 01289 [103 AD3d 920]
February 27, 2013
Appellate Division, Second Department
As corrected through Wednesday, March 27, 2013


The People of the State of New York,Respondent,
v
Keith T. McBride, Appellant.

[*1]Steven A. Feldman, Uniondale, N.Y., for appellant, and appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Steven A.Bender, and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered July 27, 2010, convicting him of burglary in the second degree(three counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record evidence does not demonstrate thathe was deprived of his right to the effective assistance of counsel or that, as aconsequence of any such alleged ineffectiveness, his plea was entered involuntarily. Thedefendant did not demonstrate either that his trial counsel failed to properly prepare for apretrial hearing, or that counsel misrepresented the strength of the prosecution's case tohim (see People v Ropiza,100 AD3d 935 [2012]; People v Andrea, 98 AD3d 627, 627-628 [2012]).Moreover, the inquiry conducted by the County Court in connection with the defendant'smotion to withdraw his plea was sufficient to establish that the defendant's plea wasvoluntarily entered, and an evidentiary hearing was unwarranted (see People v Anderson, 98AD3d 524 [2012]; People vJohnson, 97 AD3d 695, 695-696 [2012]).

The defendant's remaining contentions, including those raised in his pro sesupplemental brief, are without merit. Mastro, J.P., Skelos, Leventhal and Chambers, JJ.,concur.


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