Opinion
2017–02329 Ind. No. 2625/15
12-11-2019
The PEOPLE, etc., Respondent, v. Oswaldo PENARANDA, Appellant.
Bark & Karpf, Huntington Station, N.Y. (Andrew Karpf of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael Brennan and Elizabeth Miller of counsel), for respondent.
Bark & Karpf, Huntington Station, N.Y. (Andrew Karpf of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael Brennan and Elizabeth Miller of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered December 19, 2016, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty. " ‘Generally, a plea of guilty may not be withdrawn absent some evidence of innocence, fraud, or mistake in its inducement’ " ( People v. Jackson, 170 A.D.3d 1040, 1040, 96 N.Y.S.3d 330, quoting People v. Rodriguez, 142 A.D.3d 1189, 1190, 38 N.Y.S.3d 224 ). "When a defendant moves to withdraw a plea of guilty, the nature and extent of the fact-finding inquiry rests largely in the discretion of the court, and a hearing will be granted only in rare instances" ( People v. Jackson, 170 A.D.3d at 1040, 96 N.Y.S.3d 330 ; see People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544 ). Here, the record reflects that the defendant knowingly, voluntarily, and intelligently entered the plea (see People v. Jackson, 170 A.D.3d at 1040, 96 N.Y.S.3d 330 ; People v. Boria, 157 A.D.3d 811, 812, 69 N.Y.S.3d 3 ).
Contrary to the defendant's further contention, he did not receive ineffective assistance of counsel with respect to his plea (see People v. Boria, 157 A.D.3d at 812, 69 N.Y.S.3d 3 ).
BALKIN, J.P., CHAMBERS, AUSTIN and LASALLE, JJ., concur.