| People v Moore |
| 2015 NY Slip Op 07548 [132 AD3d 496] |
| October 15, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Earl Moore, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitchof counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), forrespondent.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), renderedJuly 16, 2010, as amended November 30, 2010, convicting defendant, upon his plea ofguilty, of assault in the first degree and robbery in the first degree, and sentencing him, asa second felony offender, to concurrent terms of 15 years, unanimously affirmed.
The court properly denied defendant's motion to suppress his statements to detectivesand to an assistant district attorney. There is no basis for disturbing the court's credibilitydeterminations. The facts stated by the police to defendant during the interrogation weregenerally close to the actual facts, and, under the totality of circumstances, any limiteddeception could not have overborne defendant's will or undermined his right to remainsilent (see People vThomas, 22 NY3d 629, 642 [2014]).
The court properly exercised its discretion in denying defendant's motion towithdraw his plea. The conclusory claims made in defendant's pro se motion were"patently insufficient" (People vMitchell, 21 NY3d 964, 967 [2013]), and when the court, in an effort to avoid aconflict of interest, assigned new counsel, the new attorney conceded that there was noground upon which to make a plea withdrawal motion.
We perceive no basis for reducing the sentence. Concur—Acosta, J.P.,Renwick, Moskowitz and Manzanet-Daniels, JJ.