| People v Snype |
| 2019 NY Slip Op 03086 [171 AD3d 1220] |
| April 24, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Calvin Snype, Appellant. |
Douglas M. Jones, Florida, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (William C. Ghee of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Robert H.Freehill, J.), rendered December 4, 2009, convicting him of criminal mischief in the third degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
"The decision to permit a defendant to withdraw a previously entered plea of guilty, as wellas the nature and extent of the fact-finding inquiry, rests largely within the sound discretion ofthe court and generally will not be disturbed absent an improvident exercise of discretion" (People v Jemmott, 125 AD3d1005, 1006 [2015]; see CPL 220.60 [3]; People v Brown, 14 NY3d 113, 116 [2010]; People vAlexander, 97 NY2d 482, 485 [2002]). Here, the County Court providently exercised itsdiscretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty(see People v King, 161 AD3d1010 [2018]; People v Douglas,83 AD3d 1092, 1092-1093 [2011]).
By pleading guilty, the defendant waived his claim that the evidence submitted to the grandjury was not sufficient to support the third count of the indictment (see People v Dunbar,53 NY2d 868, 871 [1981]; People vSmith, 147 AD3d 791 [2017]; People v Kennington, 283 AD2d 658 [2001];People v Caleca, 273 AD2d 476 [2000]).
The defendant's contention that he was deprived of the effective assistance of counsel iswithout merit (see People v Caban,5 NY3d 143, 152 [2005]; People v Baldi, 54 NY2d 137, 147 [1981]). Rivera, J.P.,Balkin, Austin and Miller, JJ., concur.