Opinion
2001-09563.
December 22, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered October 19, 2001, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
Steven A. Feldman, Hauppauge, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: THOMAS A. ADAMS and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The decision to permit the withdrawal of a plea of guilty is directed to the sound discretion of the court ( see CPL 220.60; People v. Frederick, 45 N.Y.2d 520). The County Court properly exercised its discretion in denying the defendant's motion to withdraw his plea. The minutes of the plea proceeding show that the defendant entered a knowing and voluntary plea and there is nothing in the record to suggest that the plea was improvident or baseless ( see People v. Polite, 259 A.D.2d 566). The record of the plea proceeding, in which the defendant expressly stated under oath that he was not coerced or threatened into pleading guilty, belies his claim of coercion ( see People v. Murray, 245 A.D.2d 531, People v. Breeden, 221 A.D.2d 352).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.