PEOPLE v. BURRIS (2026)

MEMORANDUM AND ORDER

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), defendant contends that Supreme Court abused its discretion in denying his motion to withdraw the guilty plea. “Permission to withdraw a guilty plea rests solely within the court's discretion ․, and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea” (People v. Long, 183 A.D.3d 1275, 1276, 121 N.Y.S.3d 717 [4th Dept. 2020], lv denied 35 N.Y.3d 1046, 127 N.Y.S.3d 821, 151 N.E.3d 502 [2020], reconsideration denied 35 N.Y.3d 1095, 131 N.Y.S.3d 304, 155 N.E.3d 797 [2020] [internal quotation marks omitted]; see People v. Davis, 129 A.D.3d 1613, 1614, 11 N.Y.S.3d 778 [4th Dept. 2015], lv denied 26 N.Y.3d 966, 18 N.Y.S.3d 602, 40 N.E.3d 580 [2015]). Inasmuch as defendant tendered no such evidence on his motion, we perceive no abuse of discretion (see Long, 183 A.D.3d at 1276, 121 N.Y.S.3d 717; Davis, 129 A.D.3d at 1614, 11 N.Y.S.3d 778).