| People v Patino |
| 2014 NY Slip Op 05028 [119 AD3d 409] |
| July 3, 2014 |
| Appellate Division, First Department |
[*1]
| 1 The People of the State of New York,Respondent, v Anthony Patino, Appellant. |
Richard M. Greenberg, Office of The Appellate Defender, New York (Sara Gurwitchof counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), forrespondent.
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), renderedOctober 6, 2011, convicting defendant, upon his plea of guilty, of attempted robbery inthe second degree, and sentencing him, as a second violent felony offender, to a term ofsix years, unanimously affirmed.
The court properly denied defendant's motion to withdraw his guilty plea. "When adefendant moves to withdraw a guilty plea, the nature and extent of the fact-findinginquiry rest[s] largely in the discretion of the Judge to whom the motion is made and ahearing will be granted only in rare instances" (People v Brown, 14 NY3d 113, 116 [2010] [internalquotation marks omitted]). Defendant, who was represented by new counsel at the pleawithdrawal motion, received a full opportunity to present his arguments orally and inwriting. Defendant's belated claims of innocence and attorney coercion wereunsupported, and were contradicted by the plea record (see e.g. People v Chimilio, 83 AD3d537 [1st Dept 2011], lv denied 17 NY3d 814 [2011]).Concur—Gonzalez, P.J., Acosta, DeGrasse, Freedman and Richter, JJ.