| People v Bass |
| 2014 NY Slip Op 04079 [118 AD3d 1033] |
| June 5, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vLaura Bass, Appellant. |
Adam G. Parisi, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the County Court of Schenectady County(Giardino, J.), rendered April 26, 2012, convicting defendant upon her plea of guilty ofthe crime of attempted criminal possession of a controlled substance in the thirddegree.
In satisfaction of a four-count indictment, defendant pleaded guilty to one count ofattempted criminal possession of a controlled substance in the third degree and waivedher right to appeal. She thereafter moved to withdraw her plea, claiming that she lackedthe mental capacity to enter a valid guilty plea. County Court denied the motion without ahearing and, in accordance with the plea agreement, sentenced her as a second felonyoffender to a prison term of four years to be followed by two years of postreleasesupervision. Defendant appeals contending, among other things, that County Courtimproperly denied her motion to withdraw the plea without a hearing.
We agree. While the motion papers prepared by defense counsel were far fromcompelling, an evidentiary hearing is nevertheless required upon a motion to withdraw aguilty plea "[w]here the record raises legitimate questions as to whether the plea wasknowingly, intelligently and voluntarily entered into" (People v Bartlett, 101 AD3d1373, 1375 [2012]; seePeople v Brown, 14 NY3d 113, 116 [2010]; People v Pittman, 104 AD3d 1027, 1027 [2013], lvdenied 21 NY3d 1008 [2013]). County Court was well aware that defendant wasbeing medicated for long-standing mental health issues, and was further on painkillersdue to a recent [*2]injury. When she appeared beforeCounty Court on April 14, 2011, defendant stated that her psychological issues were "outof control" and that she could not think. She further advised County Court that thepainkillers she was taking left her unable to attend to her personal needs withoutassistance. County Court then adjourned the case pending trial, only to have defendantreappear a short time later and plead guilty. She represented that she understood whatwas happening during the plea colloquy, but reiterated that her psychotropic medicationwas "not working" and that she was having difficulty thinking clearly. County Court thennoted with concern that defendant appeared "nervous" and inquired if she was calmerthan she had been earlier, to which she replied that she was "just not crying" anymore.Inasmuch as the above evidence was "sufficient to raise a genuine issue of fact" as to theknowing, intelligent and voluntary nature of defendant's guilty plea, County Courtabused its discretion in denying her motion to withdraw the plea without a hearing(People v D'Adamo, 281 AD2d 751, 753 [2001]; see People v De Wolf,155 AD2d 995, 995 [1989], lv denied 75 NY2d 812 [1990]; cf. People v Copeman, 77AD3d 1187, 1188-1189 [2010]).
Peters, P.J., McCarthy, Garry and Devine, JJ., concur. Ordered that the judgment ismodified, on the law, by vacating the sentence imposed; matter remitted to the CountyCourt of Schenectady County for further proceedings not inconsistent with this Court'sdecision; and, as so modified, affirmed.