People v Montalvo

People v Montalvo 2009 NY Slip Op 05363 [63 AD3d 1089] June 23, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
Edwin Montalvo, Appellant.

—[*1] Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel; Joseph A. Barca III on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered January 8, 2008, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's application to withdraw his plea of guilty (see CPL 220.60 [3]). The record supports the court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US —, 128 S Ct 2430 [2008]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Harris, 61 NY2d 9, 17 [1983]). In addition, the defendant entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise (see People v Pooler, 58 AD3d 757 [2009]). Finally, the defendant's claims of coercion and innocence were generalized and unsubstantiated (cf. People v Mann, 32 AD3d 865, 866 [2006]). Rivera, J.P., Dillon, Covello, Eng and Hall, JJ., concur.