PEOPLE v. CORTEZ (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered September 25, 2020, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see CPL 220.60[3];  People v. Fisher, 28 N.Y.3d 717, 721, 49 N.Y.S.3d 344, 71 N.E.3d 932;  People v. Alexander, 97 N.Y.2d 482, 485, 743 N.Y.S.2d 45, 769 N.E.2d 802).  “In general, such a motion must be premised upon some evidence of possible innocence or of fraud, mistake, coercion or involuntariness in the taking of the plea” (People v. Spring, 222 A.D.3d 665, 666, 201 N.Y.S.3d 166 [internal quotation marks omitted]).  Here, contrary to the defendant's contention, the record demonstrates that his plea was entered knowingly, intelligently, and voluntarily (see id.;  People v. Flores, 216 A.D.3d 815, 815–816, 188 N.Y.S.3d 202;  People v. Harris, 166 A.D.3d 801, 801, 87 N.Y.S.3d 235).  The defendant's postplea statements of innocence were unsubstantiated and belied by the plea allocution and his admissions to law enforcement officers (see People v. Najera, 170 A.D.3d 753, 754, 94 N.Y.S.3d 175).

The defendant's remaining contention is without merit.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.