Opinion
Submitted December 18, 2000.
February 13, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered October 5, 1998, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
Mark Diamond, New York, N.Y., for appellant, and appellant pro se.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz, Daniel T. Butler, and Denise Pavlides of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The court providently exercised its discretion in denying, after a hearing, the defendant's motion to withdraw his plea of guilty (see, People v. Granton, 236 A.D.2d 624; People v. Richardson, 214 A.D.2d 624). The court properly rejected the defendant's conclusory claims of ineffective assistance of counsel (see, People v. Rodriguez, 268 A.D.2d 491), and properly determined that there was no actual conflict of interest between the defendant and defense counsel (see, People v. Longtin, 92 N.Y.2d 640, 644, cert denied 526 U.S. 1114; People v. Recupero, 73 N.Y.2d 877, 879; People v. Alicea, 61 N.Y.2d 23, 31; People v. Lombardo, 61 N.Y.2d 97, 103). Moreover, the plea was knowingly, intelligently, and voluntarily made. The defendant admitted that he was not coerced into entering into his plea and stated that he was satisfied with defense counsel's representation (see, People v. Bell, 254 A.D.2d 44; People v. Richardson, 214 A.D.2d 624).
The defendant was properly sentenced as a persistent violent felony offender (see, CPL 400.15[a], 400.16; People v. Harris, 61 N.Y.2d 9, 15; see also, People v. Hannon, 209 A.D.2d 319, 320-321; People v. Outer, 197 A.D.2d 543; People v. Mitchell, 121 A.D.2d 403).
The defendant waived his claim concerning the denial of his suppression motion (see, People v. Kemp, 94 N.Y.2d 831, 833; People v. Ross, ___ A.D.2d ___ [2d Dept., Oct. 16, 2000]; People v. Brathwaite, 263 A.D.2d 89, 91; People v. Maize, 226 A.D.2d 654, 655; People v. Mangham, 167 A.D.2d 487).