Opinion
595 KA 22-00998
10-06-2023
The PEOPLE of the State of New York, Respondent, v. Gregory P. PARISH, Defendant-Appellant. (Appeal No. 1.)
ANDREW D. CORREIA, PUBLIC DEFENDER, LYONS (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL D. CALARCO, DISTRICT ATTORNEY, LYONS (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.
ANDREW D. CORREIA, PUBLIC DEFENDER, LYONS (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL D. CALARCO, DISTRICT ATTORNEY, LYONS (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal Nos. 1 and 2, defendant appeals from respective judgments convicting him, upon his plea of guilty, of criminal contempt in the first degree ( Penal Law § 215.51 [b] [v] ). Defendant waived his right to appeal in appeal No. 2, but did not do so in appeal No. 1.
In both appeals, defendant contends that County Court abused its discretion in denying his motion to, inter alia, withdraw his pleas of guilty because he had not taken his prescribed medication at the time he entered his pleas and, therefore, his pleas were not knowing, voluntary, and intelligent. We reject that contention. "[P]ermission to withdraw a guilty plea rests solely within the court's discretion ..., and refusal to permit withdrawal does not constitute an abuse of discretion unless there is some evidence of innocence, fraud, or mistake in inducing [a] plea" ( People v. Floyd , 210 A.D.3d 1530, 1530, 178 N.Y.S.3d 675 [4th Dept. 2022], lv denied 39 N.Y.3d 1072, 183 N.Y.S.3d 808, 204 N.E.3d 444 [2023] [internal quotation marks omitted]). Furthermore, where "a motion to withdraw a plea is patently insufficient on its face, a court may simply deny the motion" ( People v. Mitchell , 21 N.Y.3d 964, 967, 970 N.Y.S.2d 919, 993 N.E.2d 405 [2013] ; see Floyd , 210 A.D.3d at 1531, 178 N.Y.S.3d 675 ), and "a court does not abuse its discretion in denying a motion to withdraw a guilty plea where the defendant's allegations in support of the motion are belied by the defendant's statements during the plea proceeding" ( People v. Fox , 204 A.D.3d 1452, 1453, 166 N.Y.S.3d 790 [4th Dept. 2022], lv denied 39 N.Y.3d 940, 177 N.Y.S.3d 532, 198 N.E.3d 775 [2022] [internal quotation marks omitted]). Here, defendant's belated and unsubstantiated assertion that the pleas were the result "of a failure to take prescribed medication is insufficient to support [that part of his] motion to withdraw [the] plea[s]" ( People v. Hunt , 188 A.D.3d 1648, 1649, 132 N.Y.S.3d 384 [4th Dept. 2020], lv denied 36 N.Y.3d 1097, 144 N.Y.S.3d 145, 167 N.E.3d 1280 [2021] ; see People v. Hayes , 39 A.D.3d 1173, 1175, 834 N.Y.S.2d 784 [4th Dept. 2007], lv denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897 [2007]). In addition, the record of defendant's plea proceedings establishes that "defendant understood both the nature of the proceedings and that he was waiving various rights" ( Hayes , 39 A.D.3d at 1175, 834 N.Y.S.2d 784 ; see People v. Alexander , 97 N.Y.2d 482, 486, 743 N.Y.S.2d 45, 769 N.E.2d 802 [2002] ; People v. Watson , 169 A.D.3d 1526, 1528, 93 N.Y.S.3d 507 [4th Dept. 2019], lv denied 33 N.Y.3d 982, 101 N.Y.S.3d 246, 124 N.E.3d 735 [2019] ).
Even assuming, arguendo, that defendant did not validly waive his right to appeal in appeal No. 2, we nevertheless reject defendant's contention in both appeals that his sentences are unduly harsh and severe.