People v. Varela-Carias

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered January 26, 2012, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the *781sound discretion of the Supreme Court, and its determination generally will not be disturbed absent an improvident exercise of discretion (see People v Seeber, 4 NY3d 780 [2005]). Further, only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to…