People v. Lewicki, 118 A.D.3d 1328 (N.Y. App. Div. 2014). · Go Syfert
People v. Lewicki, 118 A.D.3d 1328 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
42 citation events (42 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Towns (nyappdiv, 2026-06-05)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Towns
N.Y. App. Div. · 2026 · confidence medium
Moreover, " 'a court does not abuse its discretion in denying a motion to withdraw a guilty plea where the defendant's allegations in support of the motion are belied by the defendant's statements during the plea proceeding' " ( People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]; see Fox , 204 AD3d at 1453).
discussed Cited as authority (rule) People v. Hoose (2×)
N.Y. App. Div. · 2025 · confidence medium
However, defendant's conclusory and unsubstantiated assertions that he pleaded guilty due to pressure or inadequate representation from defense counsel were belied by the statements that defendant made during the plea colloquy, and therefore his request was patently without merit ( see People v Riley , 182 AD3d 998, 998-999 [4th Dept 2020], lv denied 35 NY3d 1069 [2020], reconsideration denied 36 NY3d 931 [2020]; People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]; see also Fox , 204 AD3d at 1453).
discussed Cited as authority (rule) People v. Byrd
N.Y. App. Div. · 2024 · confidence medium
Defendant's assertions that he did not understand the proceedings are belied by the statements he made during the plea colloquy ( see People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Floyd
N.Y. App. Div. · 2022 · confidence medium
However, defendant's conclusory and unsubstantiated assertions that he was innocent, under duress, and dissatisfied with defense [*2]counsel's representation were belied by the statements that he made during the plea colloquy, and therefore his request was patently without merit ( see Fox , 204 AD3d at 1453; People v Riley , 182 AD3d 998 , 998-999 [4th Dept 2020], lv denied 35 NY3d 1069 [2020], reconsideration denied 36 NY3d 931 [2020]; People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2022 · confidence medium
"Assuming, arguendo, that [defendant's] contention is not foreclosed by his guilty plea" ( People v Jeffords , 185 AD3d 1417, 1418 [4th Dept 2020], lv denied 35 NY3d 1095 [2020]), we conclude that defendant "abandoned his request for new counsel when he decid[ed] . . . to plead guilty while still being represented by the same attorney" ( People v Clemons , 201 AD3d 1355, 1355 [4th Dept 2022], lv denied 38 NY3d 1032 [2022] [internal quotation marks omitted]; see People v Dolison , 200 AD3d 1632, 1633 [4th Dept 2021], lv denied 38 NY3d 949 [2022]; People v Lewicki , 118 AD3d 1328, 1328-1329 [4th…
discussed Cited as authority (rule) People v. Ponzo
N.Y. App. Div. · 2022 · confidence medium
Here, defendant's motion seeking the assignment of new counsel contained "conclusory assertions that he and defense counsel disagreed about trial strategy" ( People v Brady , 192 AD3d 1557, 1558 [4th Dept 2021], lv denied 37 NY3d 954 [2021]) and that defense counsel was ineffective ( see People v Barnes , 156 AD3d 1417 , 1418 [4th Dept 2017], lv denied 31 NY3d 1078 [2018]), as well as "general assertions of dissatisfaction with defense counsel's representation" ( People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Fox
N.Y. App. Div. · 2022 · confidence medium
Here, we conclude that the court did not abuse its discretion in summarily denying the motion because defendant's assertions of innocence are belied by his statements at the plea colloquy admitting that he unlawfully possessed a weapon on the day in question ( see Lewicki , 118 AD3d at 1329).
discussed Cited as authority (rule) People v. Seymore
N.Y. App. Div. · 2020 · confidence medium
In any event, to the extent that defendant's contention implicates the voluntariness of the plea, it is without merit inasmuch as the record establishes that defendant was, in fact, represented by a second attorney by the time of the plea proceeding, during which defendant expressed no concerns with the second attorney and instead confirmed that he was [*2]satisfied with that attorney's advice and representation ( see People v Lewicki , 118 AD3d 1328, 1328-1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Morris
N.Y. App. Div. · 2020 · confidence medium
Indeed, defendant's allegations that defense counsel "tricked" him into pleading guilty are belied by the record ( see People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Vazquez
N.Y. App. Div. · 2019 · confidence medium
His request for that attorney to be relieved consisted of conclusory assertions of ineffectiveness of counsel, which were insufficient to require any inquiry by the court ( see People v Porto , 16 NY3d 93, 100-101 [2010]; Lewicki , 118 AD3d at 1329).
discussed Cited as authority (rule) People v. Martinez
N.Y. App. Div. · 2018 · confidence medium
To the extent that the complaints made by defendant at sentencing could be construed as a [*2]motion to withdraw his plea, we note that the court implicitly rejected any such motion when it determined that defendant's complaints were belied by the record ( see People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]) and that the court made its determination before defense counsel made a separate comment regarding the voluntariness of the plea that was adverse to defendant ( cf. People v Mitchell , 21 NY3d 964, 966-967 [2013]), and we thus conclude that the record …
discussed Cited as authority (rule) People v. Barrett
N.Y. App. Div. · 2017 · confidence medium
Defendant made his motion on the ground that he had entered the guilty plea without considering or understanding the consequences thereof because he was emotionally distraught by the prospect of continued incarceration and would be released from custody pending sentencing, and because he had insufficient time to discuss the plea with defense counsel. “ ‘The determination whether to permit a defendant to withdraw a guilty plea rests within the sound discretion of the court’. . . , and ‘a court does not abuse its discretion in denying a motion to withdraw a guilty plea where[, as here,] …
discussed Cited as authority (rule) People v. Hampton
N.Y. App. Div. · 2016 · confidence medium
Defendant’s assertions that he was forced to plead guilty and that he did not understand the proceedings are belied by the statements he made during the plea colloquy (see People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Hampton
N.Y. App. Div. · 2016 · confidence medium
Defendant’s assertions that he was forced to plead guilty and that he did not understand the proceedings are belied by the statements he made during the plea colloquy (see People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Blackwell
N.Y. App. Div. · 2015 · signal: cf. · confidence medium
Even assuming, arguendo, that defendant’s factual allegations were specific enough to give rise to a duty on the part of the court to consider the request (see People v Porto, 16 NY3d 93, 99-100 [2010]; cf. People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]), we conclude that the court made the requisite “minimal inquiry” into defendant’s objections concerning his attorney (People v Sides, 75 NY2d 822, 825 [1990]; see People v Adger, 83 AD3d 1590, 1592 [2011], lv denied 17 NY3d 857 [2011]), and reasonably determined that defendant had not shown good cause for s…
discussed Cited as authority (rule) People v. Blackwell
N.Y. App. Div. · 2015 · signal: cf. · confidence medium
Even assuming, arguendo, that defendant’s factual allegations were specific enough to give rise to a duty on the part of the court to consider the request (see People v Porto, 16 NY3d 93, 99-100 [2010]; cf. People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]), we conclude that the court made the requisite “minimal inquiry” into defendant’s objections concerning his attorney (People v Sides, 75 NY2d 822, 825 [1990]; see People v Adger, 83 AD3d 1590, 1592 [2011], lv denied 17 NY3d 857 [2011]), and reasonably determined that defendant had not shown good cause for s…
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
Defendant’s claims that he did not “understand this legal proceeding stuff’ and that he “didn’t really want to take this plea” are belied by his statements during the plea proceeding (see People v Leach, 119 AD3d 1429, 1429 [2014]; People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
Defendant’s claims that he did not “understand this legal proceeding stuff’ and that he “didn’t really want to take this plea” are belied by his statements during the plea proceeding (see People v Leach, 119 AD3d 1429, 1429 [2014]; People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited "see" People v. Williams
N.Y. App. Div. · 2022 · signal: see · confidence high
During the plea colloquy, defendant "expressed no concerns with [his] attorney and instead confirmed that he was satisfied with [his] attorney's advice and representation" ( People v Seymore , 188 AD3d 1767 , 1769 [4th Dept 2020], lv denied 36 NY3d 1100 [2021]; see People v Lewicki , 118 AD3d 1328, 1328-1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited "see" People v. Perdue
N.Y. App. Div. · 2022 · signal: see · confidence high
Here, we conclude that defendant "failed to proffer specific allegations of a 'seemingly serious request' that would require the court to engage in a minimal inquiry" ( id. at 100 ; see People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited "see" People v. Alexander
N.Y. App. Div. · 2022 · signal: see · confidence high
Furthermore, a court does not abuse its discretion in denying a motion to withdraw a guilty plea where the defendant's allegations in support of the motion are belied by the defendant's statements during the plea proceeding" ( People v Crosby , 195 AD3d 1602 , 1603 [4th Dept 2021], lv denied 37 NY3d 1026 [2021] [internal quotation marks omitted]; see People v Lewicki , 118 AD3d 1328, 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]).
discussed Cited "see" People v. Parker
N.Y. App. Div. · 2021 · signal: see · confidence high
Under these circumstances, "the defendant's conduct subsequent to the making of his pro se motion evinces his satisfaction with counsel and an abandonment" of his request for the assignment of new counsel ( People v Miller , 102 AD3d at 814; see People v Lewicki , 118 AD3d at 1328-1329 ; People v Ocasio , 81 AD3d at 1470 ).
discussed Cited "see" People v. Correa
N.Y. App. Div. · 2016 · signal: see · confidence high
Here, to the contrary, “[further inquiry was not required because [defendant’] s conclusory assertions did not suggest the serious possibility of a genuine conflict of interest” (Stevenson, 36 AD3d at 635 ; see People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]; People v Boswell, 117 AD3d 1493, 1494 [2014], lv denied 23 NY3d 1060 [2014]).
discussed Cited "see" CORREA, YADIEL, PEOPLE v
N.Y. App. Div. · 2016 · signal: see · confidence high
Here, to the contrary, “[f]urther inquiry was not required because [defendant’]s conclusory assertions did not suggest the serious possibility of a genuine conflict of interest” (Stevenson, 36 AD3d at -2- 1270 KA 14-01607 635; see People v Lewicki, 118 AD3d 1328, 1329 , lv denied 23 NY3d 1064 ; People v Boswell, 117 AD3d 1493, 1494 , lv denied 23 NY3d 1060 ).
discussed Cited "see" People v. Correa
N.Y. App. Div. · 2016 · signal: see · confidence high
Here, to the contrary, “[further inquiry was not required because [defendant’] s conclusory assertions did not suggest the serious possibility of a genuine conflict of interest” (Stevenson, 36 AD3d at 635 ; see People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]; People v Boswell, 117 AD3d 1493, 1494 [2014], lv denied 23 NY3d 1060 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jonathan Lewicki
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 2014.
118 A.D.3d 1328
Dejoseph, Peradotto, Sconiers, Smith, Whalen.
Cited by 27 opinions  |  Published

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered June 12, 2012. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [1]) and, in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (§ 140.20).

In both appeals, defendant contends that Supreme Court failed to make a sufficient inquiry into his request for new counsel. We note at the outset that, to the extent that defendant challenges the court’s failure to assign him new counsel prior to the plea, that contention is “encompassed by his plea and his valid waiver of the right to appeal in each appeal except to the extent that it implicates the voluntariness of the plea” (People v Guantero, 100 AD3d 1386, 1387 [2012], lv denied 21 NY3d 1004 [2013]). In any event, although defendant made vague, conclusory assertions that there was a “lack of representation” with respect to his case and that defense counsel had not visited him in jail as promised mere days before the scheduled trial on the murder charge, the record establishes that defendant did not express any further concerns with defense counsel before pleading guilty, and he confirmed during the plea colloquy that he was satisfied with his attorney’s representation. Defendant therefore “abandoned his request for new[*1329] counsel when he ‘decid[ed] ... to plead guilty while still being represented by the same attorney’ ” {id.).

With respect to defendant’s post-plea request for substitution of counsel, we conclude that defendant “failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317, 1318 [2013]; People v Davis, 99 AD3d 1228, 1229 [2012], lv denied 20 NY3d 1010 [2013]). Defendant’s “form motion did not contain any specific factual allegations that would indicate a serious conflict with counsel” (Porto, 16 NY3d at 100-101), but rather it contained only general assertions of dissatisfaction with defense counsel’s representation (see People v Hopkins, 67 AD3d 471, 471 [2009], lv denied 14 NY3d 771 [2010]; see generally People v Sides, 75 NY2d 822, 824 [1990]). Defendant’s further allegations that defense counsel “lied” to him and talked him into pleading guilty are belied by the record (see People v Carter, 304 AD2d 771, 771-772 [2003]).

Contrary to the further contention of defendant in each appeal, we conclude that the court did not abuse its discretion in denying his motion to set aside his guilty pleas. “The determination whether to permit a defendant to withdraw a guilty plea rests within the sound discretion of the court” (People v Said, 105 AD3d 1392, 1393 [2013], lv denied 21 NY3d 1019 [2013]), and “a court does not abuse its discretion in denying a motion to withdraw a guilty plea where the defendant’s allegations in support of the motion are belied by the defendant’s statements during the plea proceeding” (People v Williams, 103 AD3d 1128, 1128 [2013], lv denied 21 NY3d 915 [2013]). Here, defendant’s claim that defense counsel “told” him to plead guilty is belied by defendant’s statements during the plea colloquy that he was satisfied with the representation of defense counsel, that he had sufficient time to consider the plea, that no one had forced him to plead guilty, and that he was entering the plea voluntarily (see People v Rossborough, 105 AD3d 1332, 1333 [2013], lv denied 21 NY3d 1045 [2013]; People v Ivey, 98 AD3d 1230, 1231 [2012], lv dismissed 20 NY3d 1012 [2013]; People v Garner, 86 AD3d 955, 955-956 [2011]). Contrary to the further assertions of defendant, there is no indication in the plea proceeding that he was confused by the plea offers, that he did not understand the terms of the plea offers or the consequences of pleading guilty, or that he was suffering from extreme emotional distress. Both the prosecutor and the court reviewed the terms of the plea offers in detail, and defendant repeatedly confirmed that he understood. Moreover, defendant’s “conclusory and unsub[*1330] stantiated claim of innocence is belied by his admissions during the plea colloquy” (Garner, 86 AD3d at 955; see Williams, 103 AD3d at 1129).

We reject the contention of defendant that his waiver of the right to appeal is ineffective with respect to the severity of the sentence imposed in each appeal. The court made clear to defendant that his waiver of the right to appeal would encompass any challenge to the severity of the sentence, and defendant confirmed that he understood (see generally People v Maracle, 19 NY3d 925, 927-928 [2012]). We note in any event that the sentence in each appeal is not unduly harsh or severe in light of the brutal nature of the crime and defendant’s utter lack of remorse.

Present—Smith, J.P, Peradotto, Sconiers, Whalen and DeJoseph, JJ.