People v Hylton

People v Hylton 2008 NY Slip Op 05307 [52 AD3d 261] [52 AD3d 261] June 10, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

The People of the State of New York, Respondent,
v
Michael Hylton, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 14, 2006, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]). The court accorded defendant ample opportunity to present his claims, and it did not inhibit him from asserting his innocence. The record establishes that defendant's plea was knowing, intelligent and voluntary, and that his claim of innocence was contradicted by his plea allocution. Concur—Lippman, P.J., Williams, Moskowitz and Acosta, JJ.