Justice Robert Kohm
Jamaican National Hylton moved to vacate his judgment of conviction for criminal sale of marijuana, upon his plea. He alleged the plea was neither knowing, nor voluntary as defense counsel failed to explain the effects of the plea, and he was unable to comprehend the language of the proceedings. The court noted Hylton proffered nothing except his own self-serving, conclusory affidavit in support of his motion. It found the affidavit contradicted the clear and unequivocal minutes of his plea. The court noted the minutes showed that counsel discussed proposed agreements with Hylton, and stated he understood that by pleading guilty he was subject to deportation. It stated such statements were then confirmed with Hylton on the record, including that he accepted the prosecutions' plea offer. The court inquired and received Hylton acknowledgment that he read and understood English. Thus, Hylton's allegations that his attorney's ineffectiveness, and his own inability to comprehend the language affected the voluntariness of his plea, were belied by the plea minutes. The court ruled Hylton failed to submit anything on the motion raising a question of fact regarding the conclusion that he freely and knowingly entered into the plea, denying vacatur.
