PEOPLE v. WALKER (2006)

Defendant appeals from a judgment convicting him upon his guilty plea of burglary in the third degree (Penal Law § 140.20).   After “affording defendant a reasonable opportunity to advance his claims” regarding alleged off-the-record promises that were unfulfilled, Supreme Court properly denied defendant's motion to withdraw the guilty plea (People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332;  see People v. Rodriguez, 17 A.D.3d 267, 268, 794 N.Y.S.2d 317, lv. denied 5 N.Y.3d 768, 801 N.Y.S.2d 262, 834 N.E.2d 1272).   The terms of the alleged off-the-record promises are inconsistent with the terms and conditions of the plea agreement placed on the record, and defendant stated unequivocally during the plea proceeding that no other promises had been made to induce his guilty plea (see Matter of Benjamin S., 55 N.Y.2d 116, 120-121, 447 N.Y.S.2d 905, 432 N.E.2d 777, rearg. denied 56 N.Y.2d 570, 450 N.Y.S.2d 186, 435 N.E.2d 403, mot to amend remittitur granted 56 N.Y.2d 648).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: