| People v Snow |
| 2018 NY Slip Op 02217 [159 AD3d 1278] |
| March 29, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Lorenzo J.Snow, Appellant. |
Tracy Donovan-Laughlin, Oneonta, for appellant, and appellant pro se.
Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), forrespondent.
Pritzker, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered March 14, 2016, convicting defendant upon his plea of guilty of the crime of burglary inthe second degree.
Defendant pleaded guilty to burglary in the second degree in connection with a two-countindictment. Following entry of the plea, defendant moved for a reduction of bail on the charges inthe underlying indictment and those pending in a separate indictment so that he could be presentfor the birth of his child. County Court denied the motion, prompting an outburst during whichdefendant contended that he had been coerced into pleading guilty to the burglary charge. Duringsentencing on that charge, defendant moved to, among other things, withdraw his plea upon theground that it was not knowingly entered because he had not taken his prescribed medication atthe time of the allocution, a fact that he had informed County Court of prior to pleading guilty.County Court denied the motion without a hearing and sentenced defendant, in accordance withthe plea agreement, to a prison term of four years followed by five years of postreleasesupervision. Defendant now appeals.
We reject defendant's contention that County Court abused its discretion in denying hismotion to withdraw the plea. "Whether to permit a defendant to withdraw his or her plea of guiltyis left to the sound discretion of County Court, and withdrawal will generally not be permittedabsent some evidence of innocence, fraud or mistake in its inducement" (People v Jabot, 156 AD3d 954,955 [2017] [internal quotation marks and citations omitted], lv denied 30 [*2]NY3d 1116 [2018]; see People v Brown, 154 AD3d 1004, 1006 [2017], lvdenied 30 NY3d 1113 [2018]). Although defendant stated during the plea allocution that hehad not taken his prescribed medication, he assured County Court, on more than one occasion,that he understood the proceedings and the rights that he would be giving up by pleading guilty.Moreover, the plea minutes belie defendant's assertion that he lacked the capacity to enter a plea,instead demonstrating that he was lucid and understood the ramifications of pleading guilty. Asthe record reveals that defendant entered a knowing, voluntary and intelligent plea, County Courtdid not abuse its discretion in denying his motion to withdraw (see People v Alexander,97 NY2d 482, 486 [2002]; People vWade, 110 AD3d 1113, 1114 [2013], lv denied 22 NY3d 1160 [2014]). Giventhis conclusion, defendant's ineffective assistance of counsel claim with respect to the allegedfailure to investigate or raise his mental health status before the allocution is unavailing (see People v Ricketts-Simpson, 130AD3d 1149, 1150-1151 [2015]; People v Mack, 90 AD3d 1317, 1322 [2011]).
Further, by pleading guilty, defendant forfeited his ineffective assistance of counsel claimrelative to the CPL 710.30 motion pertaining to the underlying indictment, as "a defendant whoenters a plea and admits guilt may not later seek review of claims relating to the deprivation ofrights that took place before the plea was entered" (People v Trombley, 91 AD3d 1197, 1201 [2012] [internal quotationmarks and citations omitted], lv denied 21 NY3d 914 [2013]; see People v Kormos, 126 AD3d1039, 1040 [2015]). Moreover, the claim does not directly involve the plea bargainingprocess or the decision to plead guilty (see People v Petgen, 55 NY2d 529, 534-535[1982]; People v Turner, 40 AD3d1018, 1019 [2007], lv denied 9 NY3d 882 [2007]).
McCarthy, J.P., Lynch, Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.