| People v Boyd |
| 2015 NY Slip Op 04859 [129 AD3d 854] |
| June 10, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Shaun Boyd, Appellant. |
Mark Diamond, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Condon, J.), rendered August 7, 2013, convicting him of criminal possession of aweapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's motion and renewed motion to withdraw his plea of guilty wereproperly denied without a hearing. "When a defendant moves to withdraw a guilty plea,the nature and extent of the fact-finding inquiry 'rest[s] largely in the discretion of theJudge to whom the motion is made' and a hearing will be granted only in rare instances"(People v Brown, 14 NY3d113, 116 [2010], quoting People v Tinsley, 35 NY2d 926, 927 [1974]). Insupport of his motions, the defendant asserted that he was innocent of the crimescharged, and that his former counsel, who had represented him at the plea proceeding,had been compromised by a conflict of interest. The record does not support thedefendant's contentions that his former counsel ever afforded legal representation to anyperson other than the defendant in connection with this case, or that former counsel'srepresentation of the defendant was affected by a conflict of interest. Furthermore, "[a]defendant is not entitled to withdraw his guilty plea based on a subsequent unsupportedclaim of innocence, where the guilty plea was voluntarily made with the advice ofcounsel following an appraisal of the relevant factors" (People v Dixon, 29 NY2d55, 57 [1971]).
The defendant's remaining contentions are without merit. Leventhal, J.P., Chambers,Roman and Hinds-Radix, JJ., concur.