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People v. Champagne

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 22, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ELLISON S. CHAMPAGNE, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 4, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 5 years' probation, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Mazzarelli, Acosta, DeGrasse, Richter, JJ.

426/07

The court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea. The record establishes that defendant's favorable plea was knowing, intelligent and voluntary (People v Fiumefreddo, 82 NY2d 536, 542-44 [1993]). Defendant, who presented his claim of innocence through his written submission and declined to address the court, received a sufficient opportunity to advance his claim, and the record supports the court's rejection, as unreliable, of the purportedly exculpatory evidence he presented (see e.g. People v Randall, 22 AD3d 261 [2005], lv denied 6 NY3d 852 [2006]).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100422

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