Opinion
November 2, 1998
Appeal from the Supreme Court, Richmond County (Rienzi, J.).
Ordered that the judgment is affirmed.
The decision of whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court ( see, People v. Brooks, 183 A.D.2d 722; People v. Howard, 138 A.D.2d 525). Here, the sentencing court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty. The court held a hearing at which both the defendant and prior counsel testified. The court discredited the defendant's testimony that prior counsel had assured him that if he entered a plea of guilty, he would "be home in December of 1996 on work release" and credited prior counsel's testimony which denied the defendant's assertion. It is settled that issues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous ( see, People v. Lewis, 170 A.D.2d 538; People v. Armstead, 98 A.D.2d 726).
The defendant's remaining contention is not properly before this Court.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.