State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: March 17, 2016 107148 

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THE PEOPLE OF THE STATE OF 

NEW YORK, 

Respondent, 

v MEMORANDUM AND ORDER

CHRISTOPHER BELILE, 

Appellant.

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Calendar Date: February 16, 2016

Before: McCarthy, J.P., Egan Jr., Lynch, Devine and Clark, JJ.

__________

Mark Schneider, Plattsburgh, for appellant.

Craig P. Carriero, District Attorney, Malone (Jennifer M.

Hollis of counsel), for respondent.

__________

Lynch, J.

Appeal from a judgment of the County Court of Franklin

County (Main Jr., J.), rendered September 15, 2014, convicting

defendant upon his plea of guilty of the crimes of grand larceny

in the fourth degree and attempted assault in the second degree. 

In satisfaction of two indictments and other pending

charges, defendant pleaded guilty to grand larceny in the fourth

degree and attempted assault in the second degree. Prior to

sentencing, defendant moved, by order to show cause, to withdraw

his plea. County Court denied the motion and sentenced defendant

in accordance with the plea agreement to consecutive prison terms

of 1a to 4 years on the grand larceny conviction and 1 to 3

years on the attempted assault conviction. This appeal by

defendant ensued. 
-2- 107148 

We are unpersuaded by defendant's contention that County

Court erred in not conducting a hearing on defendant's request to

withdraw his plea. Whether to permit a defendant to withdraw his

or her guilty plea is within the discretion of the trial court

and a hearing is not warranted unless the record reflects a

genuine issue of fact with regard to the voluntariness of the

plea (see People v Trimm, 129 AD3d 1215, 1216 [2015]). 

"Generally, a plea may not be withdrawn unless there is some

evidence of innocence, fraud or mistake in the inducement"

(People v Carmona, 66 AD3d 1240, 1241 [2009], lv denied 14 NY3d

799 [2010] [citations omitted]). Here, the basis for the

withdrawal of the plea – the generalized assertions that

defendant's judgment was clouded at the time of the plea due to

unspecified medication taken by defendant and that defendant felt

threatened due to threats from unidentified jail employees – is

set forth in an affirmation by defense counsel and not

substantiated by any affidavit by defendant. Furthermore, the

minutes of the plea colloquy establish that defendant denied

consuming alcohol or any medication of any type within the 24

hours preceding the allocution and he had not been forced,

threatened or coerced, but was entering the guilty plea

voluntarily after having sufficient time to discuss the plea deal

with defense counsel. Moreover, defendant then unequivocally

admitted to the acts constituting the crimes to which he pleaded

guilty. As there is nothing that casts doubt upon defendant's

guilt, the generalized and unsubstantiated basis for the request

to withdraw his plea was insufficient to warrant a hearing (see

People v Trimm, 129 AD3d at 1216; People v Wren, 119 AD3d 1291,

1292 [2014], lv denied 24 NY3d 1048 [2014]; People v Carmona, 66

AD3d at 1241). 

McCarthy, J.P., Egan Jr., Devine and Clark, JJ., concur.
-3- 107148 

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court