People v. Miller

125 A.D.3d 561, 1 N.Y.S.3d 820

Opinion

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered September 2, 2010, convicting defendant, upon his plea of guilty, of aggravated criminal contempt, 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 guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The plea was knowingly, intelligently and voluntarily made, and defendant’s factual allocution did not cast any significant doubt on his guilt. At sentencing, defendant was permitted to explain why he wanted to withdraw his plea, and the court properly rejected his claim of innocence.

Concur — Gonzalez, P.J., Mazzarelli, Acosta, Moskowitz and DeGrasse, JJ.