PEOPLE v. DOZIER (2004)

 Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [3] ).   We reject the contention of defendant that County Court erred in denying his motion to withdraw the plea without a hearing.  “Only in the rare instance will a defendant be entitled to an evidentiary hearing;  often a limited interrogation by the court will suffice.   The defendant should be afforded a reasonable opportunity to present his contentions and the court should be enabled to make an informed determination” (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544;  see People v. Grimes, 2 A.D.3d 1476, 769 N.Y.S.2d 438, lv. denied 1 N.Y.3d 628, 777 N.Y.S.2d 27, 808 N.E.2d 1286).   Here, defendant submitted a motion and a supplemental motion, together with affidavits of his former counsel and present counsel, his own affidavit, and an affidavit of his girlfriend.   In addition, his counsel made arguments on defendant's behalf before the court.   Defendant was thus afforded a reasonable opportunity to advance his contentions in support of the motion, and the court did not err in not holding a hearing (see People v. Barksdale, 286 A.D.2d 977, 977-978, 730 N.Y.S.2d 909, lv. denied 97 N.Y.2d 654, 737 N.Y.S.2d 55, 762 N.E.2d 933;  People v. Witcher, 222 A.D.2d 1016, 635 N.Y.S.2d 908, lv. denied 87 N.Y.2d 1027, 644 N.Y.S.2d 160, 666 N.E.2d 1074).

 Moreover, the court did not abuse its discretion in denying the motion (see People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802;  People v. Rankin, 303 A.D.2d 990, 755 N.Y.S.2d 687, lv. denied 100 N.Y.2d 565, 763 N.Y.S.2d 822, 795 N.E.2d 48).  “Defendant's belated claims of ․ innocence are unsupported by the record, which shows that defendant knowingly and voluntarily made a complete and detailed statement concerning his commission of the crime” (Witcher, 222 A.D.2d at 1016, 635 N.Y.S.2d 908).

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

MEMORANDUM: