| People v Belile |
| 2016 NY Slip Op 01879 [137 AD3d 1427] |
| March 17, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vChristopher Belile, Appellant. |
Mark Schneider, Plattsburgh, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), forrespondent.
Lynch, J. Appeal from a judgment of the County Court of Franklin County (Main Jr.,J.), rendered September 15, 2014, convicting defendant upon his plea of guilty of thecrimes of grand larceny in the fourth degree and attempted assault in the seconddegree.
In satisfaction of two indictments and other pending charges, defendant pleadedguilty to grand larceny in the fourth degree and attempted assault in the second degree.Prior to sentencing, defendant moved, by order to show cause, to withdraw his plea.County Court denied the motion and sentenced defendant in accordance with the pleaagreement to consecutive prison terms of 1
We are unpersuaded by defendant's contention that County Court erred in notconducting a hearing on defendant's request to withdraw his plea. Whether to permit adefendant to withdraw his or her guilty plea is within the discretion of the trial court anda hearing is not warranted unless the record reflects a genuine issue of fact with regard tothe voluntariness of the plea (see People v Trimm, 129 AD3d 1215, 1216 [2015])."Generally, a plea may not be withdrawn unless there is some evidence of innocence,fraud or mistake in its inducement" (People v Carmona, 66 AD3d 1240, 1241 [2009], lvdenied 14 NY3d 799 [2010] [citations omitted]). Here, the basis for the withdrawalof the plea—the generalized assertions that defendant's judgment was clouded atthe time of the plea due to unspecified medication taken by defendant and that defendantfelt threatened due to threats from unidentified jail employees—is set forth in anaffirmation by defense counsel and not substantiated by any affidavit by defendant. [*2]Furthermore, the minutes of the plea colloquy establish thatdefendant denied consuming alcohol or any medication of any type within the 24 hourspreceding the allocution and he had not been forced, threatened or coerced, but wasentering the guilty plea voluntarily after having sufficient time to discuss the plea dealwith defense counsel. Moreover, defendant then unequivocally admitted to the actsconstituting the crimes to which he pleaded guilty. As there is nothing that casts doubtupon defendant's guilt, the generalized and unsubstantiated basis for the request towithdraw his plea was insufficient to warrant a hearing (see People v Trimm, 129AD3d at 1216; People vWren, 119 AD3d 1291, 1292 [2014], lv denied 24 NY3d 1048 [2014];People v Carmona, 66 AD3d at 1241).
McCarthy, J.P., Egan Jr., Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.