PEOPLE v. RIVERA (2008)

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 5, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.

The court providently exercised its discretion in denying, without a hearing, 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] ), since defendant's unsubstantiated claims were refuted by his plea allocution.   Defendant submitted a standard form lacking any case-specific allegations, and his oral submission added nothing of substance (see People v. Little, 37 A.D.3d 214, 831 N.Y.S.2d 36 [2007] lv. denied 8 N.Y.3d 987, 838 N.Y.S.2d 490, 869 N.E.2d 666 [2007] ).   The record establishes that the plea was knowing, intelligent and voluntary.

Defendant did not establish any good cause for a reassignment of counsel, or any facts that warranted further inquiry by the court.   The record demonstrates that counsel provided effective assistance (see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 [1995] ).