| People v McGuire |
| 2014 NY Slip Op 08354 [122 AD3d 947] |
| November 26, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ronald E. McGuire, Jr., Appellant. |
Maureen Galvin Dwyer, Northport, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Kahn, J.), rendered February 10, 2012, convicting him of rape in the first degree (threecounts) and endangering the welfare of a child, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the propriety of the amending of two counts in theindictment by changing the dates on which the subject crimes were alleged to have beencommitted was forfeited by the defendant's plea of guilty (see People v Hansen,95 NY2d 227 [2000]; People v Taylor, 65 NY2d 1, 5 [1985]; People v Stokely, 49 AD3d966, 968 [2008]; People vDudley, 28 AD3d 1182 [2006]; People v Lynch, 267 AD2d 405[1999]).
The defendant's pro se written motion for leave to withdraw his plea was properlydenied without a hearing. The motion was based upon unsupported claims of innocence(see People v Haffiz, 19NY3d 883, 884 [2012]; People v Dixon, 29 NY2d 55, 57 [1971]; People v Bennett, 115 AD3d973 [2014]), and claims of ineffective assistance of counsel which were refuted bythe defendant's admissions in his motion papers and other documents in the record (see People v Bennett, 115AD3d 973 [2014]; People vHoward, 109 AD3d 487, 488 [2013]; People v Gully, 17 AD3d 382 [2005]). By pleading guilty,"a defendant forfeits appellate review of any claim of ineffective assistance of counselwhich does not directly involve the plea bargaining process" (People v Collier, 71 AD3d909, 910 [2010]; see Peoplev Turner, 40 AD3d 1018 [2007]). Under the circumstances, the County Courtproperly exercised its discretion when it denied the defendant's motion to withdraw hisguilty plea upon its consideration of the plea minutes and the parties' writtensubmissions, without further inquiry (see People v Mitchell, 21 NY3d 964, 965 [2013];People v Tinsley, 35 NY2d 926, 927 [1974]; People v Mudd, 41 AD3d 281 [2007]; People v Carbone, 40 AD3d347 [2007]). As noted by the County Court, the record indicates that the defensecounsel afforded the defendant effective representation in negotiating a very favorableplea bargain (see People v Henry, 95 NY2d 563, 565-566 [2000]; People vBaldi, 54 NY2d 137, 147 [1981]). Eng, P.J., Cohen, Hinds-Radix and LaSalle, JJ.,concur.