People v. Epps

Summary

The Appellate Division, Second Department, affirmed a judgment convicting Dudley Epps of course of sexual conduct against a child in the first degree following his guilty plea. The court upheld the denial, without a hearing, of his motion to withdraw the plea, concluding that the plea was knowing, voluntary, and intelligent and that his related claims were either unsupported or unpreserved. The matter was remitted for issuance of an amended sentence and commitment sheet correcting the Penal Law subdivision to Penal Law § 130.75(1)(b).

Holdings

1. The County Court providently exercised its discretion in denying the defendant's motion to withdraw his guilty plea without a hearing because the record established that the plea was knowingly, voluntarily, and intelligently made, and the defendant's contrary assertions were unsubstantiated or contradicted by the record.
2. The defendant's contention concerning the plea allocution was unpreserved for appellate review because he did not move to withdraw his plea on that ground or otherwise raise the issue before the County Court. The exception to the preservation requirement did not apply.
3. The judgment was affirmed, but the matter was remitted to the County Court for issuance of an amended sentence and commitment sheet accurately reflecting that the defendant pleaded guilty to course of sexual conduct against a child in the first degree under Penal Law § 130.75(1)(b).

Questions Presented

1. Whether the County Court providently exercised its discretion by denying the defendant's motion to withdraw his guilty plea without a hearing.
2. Whether the defendant's claim concerning the plea allocution was preserved for appellate review and whether an exception to the preservation requirement applied.
3. Whether the sentence and commitment sheet should be corrected to identify Penal Law § 130.75(1)(b).

Disposition

affirmed