Opinion
February 28, 1991
Appeal from the County Court of Schenectady County (Harrigan, J.).
We reject defendant's contention that County Court erred in denying his motion to withdraw his plea of guilty. The record establishes that the court conducted the required inquiry when it accepted defendant's plea to insure that the elements of the crime were established and that the plea was knowing and voluntary (see, People v Kelsch, 96 A.D.2d 677). Furthermore, although given the opportunity to do so, defendant failed to set forth any facts to support his motion (see, People v Zuk, 130 A.D.2d 886, lv denied 70 N.Y.2d 659). Under these circumstances, there was also no abuse of discretion in the denial of the motion by the court without it first conducting an evidentiary hearing (see, supra). Finally, we find that defendant was provided with effective assistance of counsel (see, People v Bell, 141 A.D.2d 749) and there was no abuse of discretion by the court in imposing the prison sentence of 8 1/3 years to life. The sentence was in accordance with the plea bargain and defendant was permitted to plead guilty to the lesser charge of criminal possession of a controlled substance in the second degree as opposed to first degree possession as had been charged in the indictment (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Judgment affirmed. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.