| People v Cortez |
| 2025 NY Slip Op 04104 [240 AD3d 613] |
| July 9, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Julio Cortez, Appellant. |
Lisa H. Blitman, New York, NY, for appellant.
Melinda Katz, Special District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Nicholas Isaacson of counsel), for respondent.
Crimes
- Plea of Guilty
- Withdrawal of Plea
- Defendant's Postplea Statements of Innocence were Unsubstantiated and Belied by
Plea Allocution and His Admissions to Law Enforcement Officers
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered September 25, 2020, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see CPL 220.60 [3]; People v Fisher, 28 NY3d 717, 721 [2017]; People v Alexander, 97 NY2d 482, 485 [2002]). "In general, such a motion must be premised upon some evidence of possible innocence or of fraud, mistake, coercion or involuntariness in the taking of the plea" (People v Spring, 222 AD3d 665, 666 [2023] [internal quotation marks omitted]). Here, contrary to the defendant's contention, the record demonstrates that his plea was entered knowingly, intelligently, and voluntarily (see id.; People v Flores, 216 AD3d 815, 815-816 [2023]; People v Harris, 166 AD3d 801, 801 [2018]). The defendant's postplea statements of innocence were unsubstantiated and belied by the plea allocution and his admissions to law enforcement officers (see People v Najera, 170 AD3d 753, 754 [2019]).
The defendant's remaining contention is without merit. Brathwaite Nelson, J.P., Ford, Voutsinas and Love, JJ., concur.