Opinion
2000-02958
Submitted January 17, 2002.
February 14, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered March 14, 2000, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
Daniel Guttmann, Smithtown, N.Y., for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jerry Marti of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
The defendant contends that the People failed to prove by a preponderance of the evidence that he was fit to stand trial. "Where the hearing court is presented with conflicting evidence of competency, great deference will be accorded its findings" (People v. Orama, 150 A.D.2d 505, 506). We find no basis to disturb the hearing court's determination, which was based on its assessment of the reliability of the expert witnesses (see, People v. Cox, 196 A.D.2d 596; People v. Childress, 177 A.D.2d 498, affd 81 N.Y.2d 263).
The decision whether to grant a defendant permission to withdraw his or her plea lies in the sound discretion of the court (see, People v. Deleg, 274 A.D.2d 522; People v. Tinsley, 35 N.Y.2d 926). The Supreme Court providently exercised its discretion, as the defendant's allegations in support of his application to withdraw his plea at sentencing were unsubstantiated and belied by his statements during the plea proceedings (see, People v. Weekes, 289 A.D.2d 599 [2d Dept., Dec. 31, 2001]; People v. Fernandez, 278 A.D.2d 241, lv denied 97 N.Y.2d 655). To the extent that the defendant's contentions are based upon matters dehors the record, they may not be considered on direct appeal.
The issues raised by the defendant in his supplemental pro se brief are not subject to appellate review as they were either forfeited by his plea of guilty (see, People v. Hansen, 95 N.Y.2d 227; People v. Glaudel, 235 A.D.2d 492), encompassed by the waiver of the right to appeal (see generally, People v. Muniz, 91 N.Y.2d 570), or based on matters dehors the record (see, People v. Santana, 279 A.D.2d 641).
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.