| People v Boria |
| 2018 NY Slip Op 00303 [157 AD3d 811] |
| January 17, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Brendon Boria, Appellant. |
Salvatore C. Adamo, New York, NY, for appellant.
Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger and Carrie A. Ciganekof counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (RolfThorsen, J.), rendered December 15, 2015, convicting him of burglary in the second degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, thedefendant's motion to withdraw his plea of guilty. A motion to withdraw a plea of guilty restswithin the sound discretion of the court, and generally the court's determination will not bedisturbed absent an improvident exercise of discretion (see CPL 220.60 [3]; People vAlexander, 97 NY2d 482, 485 [2002]; People v Street, 144 AD3d 711, 711-712 [2016]; People v Rodriguez, 142 AD3d1189, 1190 [2016]). "Generally, a plea of guilty may not be withdrawn absent someevidence of innocence, fraud, or mistake in its inducement" (People v Smith, 54 AD3d 879, 880 [2008]; see People vRodriguez, 142 AD3d at 1190; People v Zakrzewski, 7 AD3d 881, 881 [2004]). When a defendantmoves to withdraw a plea of guilty, the nature and extent of the fact-finding inquiry rests largelyin the discretion of the court, and a hearing will be granted only in rare instances (see Peoplev Tinsley, 35 NY2d 926 [1974]; People v Street, 144 AD3d at 712). Here, the recorddemonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligentlyentered (see People v Seeber, 4NY3d 780, 780 [2005]). The defendant's claim that his attorney coerced him to plead guiltyis belied by his statements under oath acknowledging that he was voluntarily pleading guilty, thathe was satisfied with his attorney's representation, and that no one had made any threats or forcedhim to enter his plea (see People vDazzo, 92 AD3d 796, 796-797 [2012]; People v Caruso, 88 AD3d 809, 810 [2011]; People v Jackson, 87 AD3d 552,553 [2011]; People v Douglas, 83AD3d 1092, 1092-1093 [2011]).
By pleading guilty, the defendant forfeited appellate review of his claim of ineffectiveassistance of counsel to the extent that the claim does not directly involve the plea negotiation(see People v Dunne, 106 AD3d928, 928 [2013]; see also People v Petgen, 55 NY2d 529, 534 [1982]; People v Turner, 40 AD3d 1018,1019 [2007]). To the extent that the defendant contends that ineffective assistance of counselaffected the voluntariness of his plea, the record demonstrates that the defendant received theeffective assistance of counsel (seePeople v Cobb, 19 AD3d 506 [2005]; see also People v Dazzo, 92 [*2]AD3d 796, 796-797 [2012]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).
The defendant's remaining contention is unpreserved for appellate review and, in any event,without merit. Mastro, J.P., Roman, Miller and Connolly, JJ., concur.