Background
The defendant appealed from a judgment of Supreme Court, Monroe County (Victoria M. Argento, J.) convicting him upon a guilty plea of robbery in the first degree under Penal Law section 160.15(4). On appeal, the defendant contended that Supreme Court abused its discretion in denying his motion to withdraw the plea.
The Court’s Holding
The Fourth Department unanimously affirmed. The court found that Supreme Court did not abuse its discretion in denying the motion to withdraw the plea. Under New York law, permission to withdraw a guilty plea rests in the sound discretion of the court, and the defendant bears the burden of showing that the plea was not knowing, intelligent, and voluntary. The court concluded that the record demonstrated the plea was properly entered and that the defendant’s post-plea claims did not warrant withdrawal.
Key Takeaways
- A motion to withdraw a guilty plea is addressed to the trial court’s discretion, and denial will be upheld absent an abuse of that discretion.
- The defendant bears the burden of demonstrating that the plea was not knowing, intelligent, or voluntary.
- Post-plea assertions of innocence or dissatisfaction, without more, are insufficient to warrant withdrawal of a guilty plea.
Why It Matters
This case reinforces the high bar for withdrawing guilty pleas in New York. Defense attorneys advising clients who wish to withdraw pleas should be aware that general dissatisfaction or buyer’s remorse is insufficient, and specific evidence undermining the voluntariness of the plea is required.