PEOPLE v. GARVIN (2005)

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered July 3, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.

The court properly imposed an enhanced sentence after a thorough inquiry into whether defendant had violated a condition of his plea (see People v. Outley, 80 N.Y.2d 702, 713, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ).   The evidence before the sentencing court clearly established defendant's guilt of the misconduct at issue, and he was not entitled to an evidentiary hearing (see People v. Amaker, 299 A.D.2d 238, 749 N.Y.S.2d 419 [2002], lv. denied 99 N.Y.2d 625, 760 N.Y.S.2d 106, 790 N.E.2d 280 [2003] ).   The People presented compelling documentary evidence leading to an inescapable inference that defendant was the author of a threatening letter, and that he made phone calls that also violated the plea conditions (cf. People v. Hamilton, 3 A.D.3d 405, 771 N.Y.S.2d 104 [2004], mod. on other grounds 4 N.Y.3d 654, 797 N.Y.S.2d 408, 830 N.E.2d 306 [2005] ).

The court properly denied defendant's motion to vacate 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, and that defendant's claim of duress was groundless.