Opinion
June 11, 1998
Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).
The court properly denied defendant's motion to withdraw his guilty plea, since the record established that the plea was knowing, voluntary and intelligent, and since defendant after being afforded the opportunity to present his claims both orally and in a written motion, failed to support his claim of coercion with any thing other than conclusory allegations (see, People v. Vasquez, 242 A.D.2d 452). Defendant's claim of "coercion" clearly consisted of nothing more than counsel's appropriate advice to defendant to accept the plea (People v. Spinks, 227 A.D.2d 310, lv denied 88 N.Y.2d 995). We also find that there was no basis to appoint new counsel (People v. Senghor, 248 A.D.2d 299).
We perceive no abuse of sentencing discretion, and conclude that the record fails to support defendant's contention that the sentence was influenced by the court's alleged misunderstanding of defendant's parole eligibility.
Concur — Milonas, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.