PEOPLE v. CASTILLO (2004)

Judgment, Supreme Court, Bronx County (Ruth Levine Sussman, J.), rendered January 19, 2001, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 2 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea (see People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ).   The record establishes that the plea was knowing, intelligent and voluntary.   When, during the allocution, defendant initially cast doubt on his guilt, the court conducted a further colloquy with defendant that erased any such doubt (see e.g. People v. Bell, 245 A.D.2d 76, 665 N.Y.S.2d 867 [1997], lv. denied 91 N.Y.2d 939, 671 N.Y.S.2d 719, 694 N.E.2d 888 [1998];  People v. Rodriguez, 227 A.D.2d 206, 642 N.Y.S.2d 515 [1996], lv. denied 88 N.Y.2d 993, 649 N.Y.S.2d 400, 672 N.E.2d 626 [1996] ).   Furthermore, the record reflects that defendant was fully aware of a possible weakness in the People's proof but chose to accept a favorable plea offer in order to avoid the risk of conviction after trial.   We have considered and rejected defendant's remaining arguments.