# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · February 6, 2009 · 59 A.D.3d 937

URL: https://www.frixlaw.com/law-library/cases/5769113

## Case

- **Full name:** The People of the State of New York v. Homer Brown, Jr.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 6, 2009
- **Citations:** 59 A.D.3d 937; 873 N.Y.S.2d 400
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5769113

## Opinion text

Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered October 5, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the third degree and grand larceny in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05) and grand larceny in the fourth degree (§ 155.30 [5]), defendant contends that his plea was not voluntarily entered and that County Court abused its discretion in denying his motion to withdraw the plea without conducting a hearing (see CPL 220.60 [3]). We reject those contentions. “Trial judges are vested with discretion in deciding plea withdrawal motions because they are best able to determine whether a plea is entered voluntarily, knowingly and intelligently” (People v Alexander, 97 NY2d 482, 485 [2002]). Here, defendant’s allegations of duress and coercion are belied by the statements of defendant during the plea colloquy, wherein he knowingly and voluntarily admitted that he committed the crimes to which he was *938 pleading guilty (see People v Nimmons, 27 AD3d 1186 [2006], lv denied 6 NY3d 851 [2006]; People v Dale, 235 AD2d 565, 566 [1997]). Present—Hurlbutt, J.R, Smith, Fahey, Peradotto and Pine, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5769113. Public record. Not legal advice.