| People v Penaranda |
| 2019 NY Slip Op 08870 [178 AD3d 858] |
| December 11, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Oswaldo Penaranda, Appellant. |
Bark & Karpf, Huntington Station, NY (Andrew Karpf of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Michael Brennan and Elizabeth Miller ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (BarbaraKahn, J.), rendered December 19, 2016, convicting him of sexual abuse in the first degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying, without a hearing, thedefendant's motion to withdraw his plea of guilty. " 'Generally, a plea of guilty may notbe withdrawn absent some evidence of innocence, fraud, or mistake in its inducement' "(People v Jackson, 170 AD3d1040, 1040 [2019], quoting Peoplev Rodriguez, 142 AD3d 1189, 1190 [2016]). "When a defendant moves to withdraw aplea of guilty, the nature and extent of the fact-finding inquiry rests largely in the discretion ofthe court, and a hearing will be granted only in rare instances" (People v Jackson, 170AD3d at 1040; see People v Tinsley, 35 NY2d 926 [1974]). Here, the record reflects thatthe defendant knowingly, voluntarily, and intelligently entered the plea (see People vJackson, 170 AD3d at 1040; Peoplev Boria, 157 AD3d 811, 812 [2018]).
Contrary to the defendant's further contention, he did not receive ineffective assistance ofcounsel with respect to his plea (see People v Boria, 157 AD3d at 812). Balkin, J.P.,Chambers, Austin and LaSalle, JJ., concur.