| People v Hoyt |
| 2013 NY Slip Op 03713 [106 AD3d 1340] |
| May 23, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vAdrian K. Hoyt, Jr., Appellant. |
—[*1] John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), forrespondent.
McCarthy, J.
Appeal from a judgment of the County Court of Otsego County (Burns, J.), renderedSeptember 11, 2009, convicting defendant upon his plea of guilty of the crime ofaggravated sexual abuse in the third degree.
Defendant was charged by indictment with aggravated sexual abuse in the thirddegree. He pleaded guilty as charged and waived his right to appeal. Prior to sentencing,defendant moved to withdraw his plea, arguing that he was denied the effectiveassistance of counsel and was coerced into pleading guilty. County Court denied themotion without a hearing and subsequently imposed the agreed-upon sentence of sixmonths in jail and 10 years of probation. Defendant appeals.
We affirm. Initially, defendant can challenge the voluntariness of his plea despite hiswaiver of appeal (see People vRevette, 102 AD3d 1065, 1066 [2013]). Nevertheless, our review of the pleacolloquy reveals that defendant's plea was entered into knowingly, voluntarily andintelligently. County Court engaged in a detailed plea colloquy, informing defendant ofthe ramifications of pleading guilty and the rights he would be relinquishing by doing so.Defendant confirmed that he had consulted with counsel and that he was entering intothe plea of his own will. Significantly, defendant expressly stated during the colloquythat he had not been forced into pleading guilty and that he was satisfied with theservices of his counsel. Accordingly, we [*2]concludethat County Court did not abuse its discretion when it denied defendant's motion towithdraw his plea without a hearing (see People v Carpenter, 93 AD3d 950, 951-952 [2012],lv denied 19 NY3d 863 [2012]; People v Waters, 80 AD3d 1002, 1003 [2011], lvdenied 16 NY3d 864 [2011]; People v Hayes, 71 AD3d 1187, 1188 [2010], lvdenied 15 NY3d 852 [2010]).
Peters, P.J., Rose and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.