People v. Nicodemus

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court abused its discretion in denying his motion to withdraw his plea of guilty without conducting an evidentiary hearing. We disagree. Defendant moved to withdraw his guilty plea on the grounds that he entered the plea under duress and that his pending motion to reopen a suppression motion in an unrelated proceeding in another county might, if decided in his favor, impact on the People’s evidence in this case. The court was familiar with the facts underlying defendant’s claim of duress, and a defendant " 'is not…