Opinion
March 7, 1991
Appeal from the County Court of Broome County (Monserrate, J.).
Upon pleading guilty to burglary in the first degree, defendant was sentenced as a second felony offender to a term of imprisonment of 7 1/2 to 15 years. First, we find no merit to defendant's contention that County Court erred when it denied defendant's motion to withdraw his plea on the ground that, at the time of his plea, he did not make a knowing waiver of his right to a pretrial suppression hearing. Not only did defendant knowingly and voluntarily waive his rights, but County Court afforded him the hearing that he requested after which he renewed his desire to plead guilty. Under these circumstances, and given the fact that the court is not required to precisely particularize each right, it cannot be said that County Court committed any error with respect to defendant's motion to withdraw (see, People v Austin, 117 A.D.2d 835, 836; People v Rivera, 106 A.D.2d 523). We also find no reason to reduce defendant's sentence given his criminal history, the serious nature of the offense (see, People v Gholston, 137 A.D.2d 765, lv denied 71 N.Y.2d 896) and the fact that he received the precise sentence for which he bargained (see, People v Salgado, 156 A.D.2d 492, lv denied 75 N.Y.2d 817; People v Kazepis, 101 A.D.2d 816).
Judgment affirmed. Mahoney, P.J., Mikoll, Yesawich, Jr., Crew III, and Harvey, JJ., concur.