Opinion
March 25, 1991
Appeal from the Supreme Court, Queens County (Chetta, J.).
Ordered that the judgment is affirmed.
It is well settled that the decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see, People v Gomez, 142 A.D.2d 649). In the instant case, the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel, after the court had fully apprised the defendant of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9). Moreover, at no time did the defendant claim that he was innocent or assert that he had been coerced into pleading guilty. Under these circumstances, it was not an improvident exercise of discretion to deny the motion (see, People v Morris, 118 A.D.2d 595; People v De Simone, 112 A.D.2d 443; People v Bass, 92 A.D.2d 1062).
We would observe that the defendant received precisely the sentence for which he freely and knowingly bargained, and which was promised to him at the time of the guilty plea. Thus, in light of his background and the circumstances of this case, the defendant received the benefits of a favorable negotiated plea and he cannot now complain that the sentence was harsh or excessive (see, People v Kazepis, 101 A.D.2d 816).
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.