| People v Manragh |
| 2017 NY Slip Op 03532 [150 AD3d 762] |
| May 3, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Rohan Manragh, Jr., Appellant. |
Thomas E. Scott, Melville, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Crecca, J.),rendered November 14, 2013, convicting him of criminal contempt in the first degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim regarding the voluntariness of his plea survives a waiver of the right toappeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Espejo, 145 AD3d 1031 [2016]). The decision to permit adefendant to withdraw a previously entered plea of guilty rests within the sound discretion of thecourt and generally will not be disturbed absent an improvident exercise of discretion(see CPL 220.60 [3]; People vEspejo, 145 AD3d 1031 [2016]). Here, the County Court did not improvidently exerciseits discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty,since the record demonstrates that his plea was entered voluntarily, knowingly, and intelligently(see People v Garcia, 92 NY2d 869, 870-871 [1998]; People v Fiumefreddo, 82NY2d 536, 543 [1993]; People vMack, 140 AD3d 791, 792 [2016]).
By pleading guilty, the defendant forfeited his contention that his motion to dismiss theindictment should have been granted on the ground that the fact-finding process of the grand jurywas impaired (see People v Hansen, 95 NY2d 227, 232 [2000]). Balkin, J.P., Austin,Sgroi and LaSalle, JJ., concur.