Opinion
2017-11121 Ind. No. 633/16
06-10-2020
The PEOPLE, etc., Respondent, v. Napoleon ABREU, Appellant.
Matthew W. Brissenden, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and John B. Latella of counsel), for respondent.
Matthew W. Brissenden, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and John B. Latella of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Angelo A. Delligatti, J.), rendered September 29, 2017, convicting him of robbery in the first degree and assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
"Trial judges are vested with discretion in deciding plea withdrawal motions because they are best able to determine whether a plea is entered voluntarily, knowingly and intelligently" ( People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802 ). In this case, the Supreme Court did not improvidently deny the defendant's motion to withdraw his plea of guilty without holding a hearing. The record of the plea proceeding demonstrates that the defendant knowingly, voluntarily, and intelligently entered his plea of guilty (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ). The defendant's contentions in support of his motion to withdraw his plea of guilty were unsubstantiated and contradicted by the record of the plea proceedings (see People v. Haffiz, 19 N.Y.3d 883, 884–885, 951 N.Y.S.2d 690, 976 N.E.2d 216 ; People v. Palmer, 29 A.D.3d 606, 815 N.Y.S.2d 129 ).
CHAMBERS, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.