People v Caufield
2008 NY Slip Op 10017 [57 AD3d 796]
December 16, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Joseph Caufield, Appellant.

[*1] James G. Frankie, Mineola, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason P. Weinstein of counsel), for respondent.

Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Carter, J.), rendered April 1, 2005, convicting him of murder in the second degree under indictment No. 2595/01, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered April 1, 2005, convicting him of manslaughter in the first degree under indictment No. 2116/03, upon his plea of guilty, and imposing sentence.

Ordered that the judgments are affirmed.

The court did not improvidently exercise its discretion in denying, without an evidentiary hearing, the defendant's motion to withdraw his pleas of guilty. The defendant's conclusory allegations that he was coerced to enter the plea agreements were directly belied by the record of the plea proceedings (see People v Owens, 43 AD3d 1185 [2007]; People v Morales, 17 AD3d 487 [2005]; People v Rangolan, 295 AD2d 543 [2002]; People v Fernandez, 291 AD2d 456 [2002]).

The defendant's remaining contention is without merit. Spolzino, J.P., Covello, Angiolillo and Chambers, JJ., concur.