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PEOPLE, res, v. MICHAEL CURTIS, def-ap

4768. PEOPLE, res, v. MICHAEL CURTIS, def-ap — Law Offices of Patrick J. Jennings, Saratoga Springs (Patrick J. Jennings of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for res — Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered December 17, 2015, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree and strangulation in the second degree, and sentencing him to an aggregate term of 60 days, concurrent with 10 years' probation, unanimously affirmed.

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4768. PEOPLE, res, v. MICHAEL CURTIS, def-ap — Law Offices of Patrick J. Jennings, Saratoga Springs (Patrick J. Jennings of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for res — Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered December 17, 2015, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree and strangulation in the second degree, and sentencing him to an aggregate term of 60 days, concurrent with 10 years’ probation, unanimously affirmed.

The court properly exercised its discretion in denying, without a hearing, defendant’s motion to withdraw his guilty plea. “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances” (People v. Brown, 14 NY3d 113, 116 [2010] [internal quotation marks omitted]). Defendant’s written submissions, made while represented by new counsel, and the record of the plea proceeding were sufficient to establish that defendant’s plea was knowing, intelligent and voluntary (see People v. Alexander, 97 NY2d 482, 485 [2002]).

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