| People v Anonymous |
| 2020 NY Slip Op 05147 [186 AD3d 1164] |
| September 29, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Anonymous, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (John L. Palmer of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered August 18, 2016, convicting defendant, upon his plea of guilty, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 15 years to life, unanimously affirmed.
The court properly denied defendant's motion to withdraw his guilty plea, without granting a hearing (see People v Fiumefreddo, 82 NY2d 536, 544 [1993]). Defendant's assertions of innocence and being coerced to plead guilty by his counsel were contradicted by the record of the plea allocution and counsel's affirmation (see People v Brown, 52 AD3d 301 [1st Dept 2008], lv denied 11 NY3d 786 [2008]). Concur—Friedman, J.P., Mazzarelli, Kern, Kennedy, JJ.