Opinion
January 26, 1999.
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
Defendant's motion to withdraw his plea of guilty was properly denied without a hearing, where defendant had a reasonable opportunity, including his statements to the court immediately prior to sentencing, to advance his claim that he was coerced into pleading guilty, and the record, which includes a careful allocution by the court, demonstrates that defendant's plea was knowing, intelligent and voluntary ( see, People v. Frederick, 45 N.Y.2d 520). Defendant's CPL article 440 motion was properly denied.
We perceive no abuse of sentencing discretion.
Concur — Rosenberger, J.P. Ellerin, Tom and Mazzarelli, JJ.