| People v McVay |
| 2016 NY Slip Op 04963 [140 AD3d 1090] |
| June 22, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jeffrey L. McVay, Appellant. |
Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Rosalind C. Gray of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Braslow, J.), rendered December 9, 2013, convicting him of attempted burglary in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing,the defendant's motion to withdraw his plea of guilty (see People v Seeber, 4 NY3d 780 [2005]; People v Dazzo, 92 AD3d796 [2012]; People vCaruso, 88 AD3d 809 [2011]). "When a defendant moves to withdraw a guiltyplea, the nature and extent of the fact-finding inquiry 'rest[s] largely in the discretion ofthe Judge to whom the motion is made' and a hearing will be granted only in rareinstances" (People v Brown,14 NY3d 113, 116 [2010], quoting People v Tinsley, 35 NY2d 926, 927[1974]; see People v Smith,54 AD3d 879 [2008]).
Here, the record supports the County Court's determination that the defendant's pleawas entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo,82 NY2d 536, 543 [1993]; seealso People v Baker, 104 AD3d 783 [2013]). The defendant's postplea assertionthat he pleaded guilty "because of duress" is belied by his statements under oath at hisplea allocution, and is insufficient to warrant withdrawal of his plea or a hearing (see People v Innocent, 132AD3d 696 [2015]; People v Dazzo, 92 AD3d at 796-797; People vCaruso, 88 AD3d at 810; see also People v Jones, 71 AD3d 1573 [2010]). Finally,there is no merit to the defendant's contention that he was deprived of the effectiveassistance of counsel (seePeople v McGuire, 122 AD3d 947, 948 [2014]; People v Haywood, 122 AD3d769, 770 [2014]). Leventhal, J.P., Dickerson, Sgroi and Cohen, JJ., concur.