PEOPLE v. ROMERO HERNANDEZ (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Terence P. Murphy, J.), rendered November 22, 2022, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court “was under no obligation to conduct a sua sponte inquiry into certain statements [he] made to the probation officer who prepared the presentence report” (People v. Ruiz–Solano, 188 A.D.3d 1267, 1268, 132 N.Y.S.3d 828;  see People v. Loftus, 183 A.D.3d 631, 632, 121 N.Y.S.3d 635;  People v. Ospina, 175 A.D.3d 513, 514, 107 N.Y.S.3d 59).  In any event, the record reflects that the court conducted such an inquiry at the People's request (see People v. Ruiz–Solano, 188 A.D.3d at 1268, 132 N.Y.S.3d 828).  To the extent that the defendant contends that the court should have granted his application to withdraw his plea of guilty, the court providently exercised its discretion in denying that application (see CPL 220.60[3];  People v. Fisher, 28 N.Y.3d 717, 726, 49 N.Y.S.3d 344, 71 N.E.3d 932;  People v. Corines, 204 A.D.3d 827, 828, 166 N.Y.S.3d 260;  People v. Prunesti, 193 A.D.3d 984, 985, 142 N.Y.S.3d 835).

LASALLE, P.J., BRATHWAITE NELSON, DOWLING and VENTURA, JJ., concur.