| People v Tomlinson |
| 2019 NY Slip Op 09040 [178 AD3d 967] |
| December 18, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Quanne Tomlinson, Appellant. |
Patrick Michael Megaro, Forest Hills, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Jared A. Chester of counsel; ValeriiaGolubchik on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Meryl J.Berkowitz, J.), rendered July 25, 2018, convicting him of criminal contempt in the seconddegree, 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 restswithin the sound discretion of the court and generally will not be disturbed absent an improvidentexercise of discretion (see CPL 220.60 [3]; People v Caruso, 88 AD3d 809, 809 [2011]). Such a motion "mustbe premised upon some evidence of possible innocence or of fraud, mistake, coercion orinvoluntariness in the taking of the plea" (People v De Jesus, 199 AD2d 529, 530[1993]). "Only in rare instances will a defendant be entitled to an evidentiary hearing upon amotion to withdraw a plea of guilty" (People v Smith, 54 AD3d 879, 880 [2008]; see CPL 220.60[3]; People v Caruso, 88 AD3d at 809). "[W]hen a motion to withdraw a plea is patentlyinsufficient on its face, a court may simply deny the motion without making any inquiry" (People v Mitchell, 21 NY3d 964,967 [2013]). Here, the record demonstrates that the defendant's plea of guilty was knowingly,voluntarily, and intelligently entered (see People v Boria, 157 AD3d 811, 812 [2018]). Moreover,because the defendant's conclusory claim of possible innocence was patently insufficient on itsface, the Supreme Court providently exercised its discretion in summarily denying his motion towithdraw his plea (see People v Mitchell, 21 NY3d at 967; People v Lopez-Perez, 128 AD3d1093 [2015]). Balkin, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur.