Opinion
2014-03-5
The PEOPLE, etc., respondent, v. Timothy CRAWFORD, appellant.
Christine Moccia, Chappaqua, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Richard Longworth Hecht of counsel), for respondent.
Christine Moccia, Chappaqua, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered November 15, 2012, convicting him of robbery in the first degree and robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
A motion to withdraw a plea of guilty rests within the sound discretion of the trial court ( see People v. McGhee, 62 A.D.3d 1027, 878 N.Y.S.2d 911), and its determination generally will not be disturbed absent an improvident exercise of discretion ( see People v. DeLeon, 40 A.D.3d 1008, 1009, 837 N.Y.S.2d 189). Here, the Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty. The defendant submitted no evidence to substantiate his assertion that he was heavily medicated during the plea hearing and, indeed, his testimony at the plea hearing specifically contradicts that claim ( see People v. Wiedmer, 71 A.D.3d 1067, 896 N.Y.S.2d 686;cf. People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331).
The defendant's claims of ineffective assistance of counsel cannot be reviewed on direct appeal because they are based on matter outside the record on appeal ( see People v. Rohlehr, 87 A.D.3d 603, 604, 927 N.Y.S.2d 919;People v. Miller, 68 A.D.3d 1135, 1135, 892 N.Y.S.2d 152). “ ‘The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the ... record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” ( People v. Rohlehr, 87 A.D.3d at 604, 927 N.Y.S.2d 919, quoting People v. Miller, 68 A.D.3d at 1135, 892 N.Y.S.2d 152).
The defendant's valid waiver of his right to appeal precludes review of his remaining contention ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Sanders, 112 A.D.3d 748, 976 N.Y.S.2d 205). DILLON, J.P., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.