PEOPLE v. HANNANS III (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J), rendered December 17, 2021, convicting him of attempted murder in the second degree, assault in the first degree, attempted robbery in the first degree (four counts), and criminal possession of a weapon in the second degree (three counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty.  “A motion to withdraw a plea of guilty rests within the sound discretion of the court, and generally the court's determination will not be disturbed absent an improvident exercise of discretion” (People v. Boria, 157 A.D.3d 811, 811, 69 N.Y.S.3d 3;  see CPL 220.60[3];  People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802;  People v. Street, 144 A.D.3d 711, 711–712, 39 N.Y.S.3d 824;  People v. Jemmott, 125 A.D.3d 1005, 1006, 5 N.Y.S.3d 447).  “ ‘Generally, a plea of guilty may not be withdrawn absent some evidence of innocence, fraud, or mistake in its inducement’ ” (People v. Boria, 157 A.D.3d at 811, 69 N.Y.S.3d 3, quoting People v. Smith, 54 A.D.3d 879, 880, 863 N.Y.S.2d 818;  see People v. Tomlinson, 178 A.D.3d 967, 967, 112 N.Y.S.3d 522).  “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry ‘rest[s] largely in the discretion of the Judge to whom the motion is made’ and a hearing will be granted only in rare instances” (People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782, quoting People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544;  see People v. Hollman, 197 A.D.3d 484, 484, 151 N.Y.S.3d 158).

Here, the County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty.  Reviewing the record as a whole and the circumstances surrounding the entry of the plea (see People v. Sougou, 26 N.Y.3d 1052, 1055, 23 N.Y.S.3d 121, 44 N.E.3d 196), the defendant's plea of guilty was knowingly, voluntarily, and intelligently made (see People v. Hollman, 197 A.D.3d at 484–485, 151 N.Y.S.3d 158;  People v. Duart, 144 A.D.3d 1173, 1175, 41 N.Y.S.3d 747).  The defendant's assertions in support of his motion to withdraw his plea of guilty were unsubstantiated and contradicted by the record of the plea proceeding (see People v. Johnson, 170 A.D.3d 1195, 1196, 94 N.Y.S.3d 876;  People v. Elting, 18 A.D.3d 770, 771, 795 N.Y.S.2d 699;  People v. Jones, 232 A.D.2d 505, 505–506, 648 N.Y.S.2d 331).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).