Opinion
No. 2587.
April 22, 2010.
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 five years' probation, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Craig A. Ascher of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Acosta, DeGrasse and Richter, JJ.
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, 542-544). 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, lv denied 6 NY3d 852).
We perceive no basis for reducing the sentence.