People v Rossetti

People v Rossetti 2012 NY Slip Op 04197 Decided on May 30, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 30, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2009-04977
(Ind. No. 20/03)

[*1]The People of the State of New York, respondent,

v

Raymond Rossetti, appellant.




Terry D. Horner, Poughkeepsie, N.Y., for appellant.
Adam B. Levy, District Attorney, Carmel, N.Y. (Mary Jane
MacCrae of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the County Court, Putnam County (Reitz, J.), imposed December 2, 2008, upon remittitur from this Court (see People v Rossetti, 55 AD3d 637), upon his convictions of assault in the first degree and driving while intoxicated, upon his plea of guilty.

ORDERED that the resentence is affirmed.

Contrary to the contention of the defendant, the County Court, which, upon remittitur, had the "discretion" to "afford" him "an opportunity to withdraw his plea" (People v Rossetti, 55 AD3d 637, 737), properly denied his request to withdraw his plea of guilty. A defendant's request to withdraw a plea of guilty should "not be granted merely for the asking" (People v Alexander, 97 NY2d 482, 485), and the defendant, whose plea was knowingly, voluntarily, and intelligently made (see People v Harris, 61 NY2d 9, 17), failed to articulate a persuasive reason warranting vacatur of the plea.
SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court