| People v Albrecht |
| 2026 NY Slip Op 50348(U) [88 Misc 3d 1236(A)] |
| Decided on January 14, 2026 |
| Supreme Court, Tompkins County |
| Miller, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
People of the State of
New York
against Victor Albrecht, Defendant. |
On August 29, 2025, the defendant waived indictment and entered a guilty plea to Attempted Promoting Prison Contraband in the First Degree in violation of Penal Law §§ 205.25(2) and 110.00 pursuant to a written Plea Memorandum signed by the People, the defendant, and the defendant's attorney [FN1] . On January 7, 2026, the defendant filed a motion to withdraw his plea. All parties appeared in court on January 8, 2026, at which time Deputy District Attorney Fox orally opposed the motion on behalf of the People.
The Court has reviewed the transcript of the plea minutes. It was clear that the defendant's plea was knowing, voluntary, intelligent, and entered with the advice of effective counsel. The written Plea Memorandum that the defendant signed expressly noted that the defendant agrees — as a Farrar condition — to entry of a final order of protection in favor of J.B, S.A, and L.A, whose names were emphasized in bold print, in relation to the "covered" case. It was clear that the case involving those victims was to be "covered" as opposed to "dismissed," as that was the word used. Further, during the plea, there was discussion of the final order of protection, with DDA Fox noting, "We have come to an agreement where an order of protection will essentially mirror the existing order of protection, with the exception of refraining from communication in any means with S.A." (Plea Minutes, p. 17, lines 9-12).
In any event, the issues raised by the defendant are collateral to his guilty plea. The defendant has not articulated any claim of innocence with respect to the actual charge to which he pleaded guilty. "'Whether to permit a defendant to withdraw his or her plea of guilty is left to [*2]the sound discretion of County Court withdrawal will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement [and] an evidentiary hearing will be required only where the record presents a genuine question of fact as to the plea's voluntariness' [internal citations omitted]." People v. Peterson, 225 AD3d 1098, 1099 (3rd Dept. 2024). As the defendant has raised no genuine question with regard to his innocence, involuntariness of his plea, or fraud or mistake in the inducement of his plea, his motion to withdraw his plea must be DENIED. As such it is hereby
ORDERED that sentencing will be held on March 12, 2026, at 10:00 a.m.