Opinion
7511 Ind. 4577/15
10-30-2018
The PEOPLE of the State of New York, Respondent, v. Mark DWAILEEBE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (John Loran Palmer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (John Loran Palmer of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Acosta, P.J., Friedman, Kapnick, Webber, Moulton, JJ.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 4, 2016, convicting defendant, upon his plea of guilty, of attempted grand larceny in the third degree, and sentencing him, as a second felony offender, to a term of 1 ½ to 3 years, unanimously affirmed.
The court providently exercised its discretion in denying defendant's motion to withdraw his plea. "[T]he nature and extent of the fact-finding procedures on such motions rest largely in the discretion of the court" ( People v. Fiumefreddo, 82 N.Y.2d 536, 544, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ). Here, the parties' written submissions and the plea minutes were sufficient to determine the motion. In his motion, defendant asserted that he had not taken his psychiatric medication on the day of the plea. During the plea colloquy, however, defendant responded appropriately and coherently to the court's inquiries, stating that he was entering the plea of his own free will and that he understood the rights he was waving by doing so. There is nothing to cast doubt on defendant's competency or the voluntariness of his plea (see e.g. People v. Rodriguez, 302 A.D.2d 317, 754 N.Y.S.2d 874 [1st Dept. 2003], lv denied 99 N.Y.2d 657, 760 N.Y.S.2d 122, 790 N.E.2d 296 [2003] ).