| People v Burris |
| 2026 NY Slip Op 00680 [246 AD3d 1394] |
| February 11, 2026 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Anthony Burris, Appellant. |
Julie Cianca, Public Defender, Rochester (Jonathan Garvin of counsel), for defendant-appellant.
Perry Duckles, Acting District Attorney, Rochester (Bridget L. Field of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered November 25, 2019. The judgment convicted defendant upon his plea of guilty of attempted criminal possession of a weapon in the second 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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), defendant contends that Supreme Court abused its discretion in denying his motion to withdraw the guilty plea. "Permission to withdraw a guilty plea rests solely within the court's discretion . . . , and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea" (People v Long, 183 AD3d 1275, 1276 [4th Dept 2020], lv denied 35 NY3d 1046 [2020], denied reconsideration 35 NY3d 1095 [2020] [internal quotation marks omitted]; see People v Davis, 129 AD3d 1613, 1614 [4th Dept 2015], lv denied 26 NY3d 966 [2015]). Inasmuch as defendant tendered no such evidence on his motion, we perceive no abuse of discretion (see Long, 183 AD3d at 1276; Davis, 129 AD3d at 1614). Present—Curran, J.P., Bannister, Smith, Ogden and DelConte, JJ.