Opinion
July 5, 1988
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The Supreme Court did not abuse its discretion by denying without a hearing the defendant's written pro se motion to withdraw his plea prior to sentencing (see, CPL 220.60; People v. Ramos, 63 N.Y.2d 640; People v. Harris, 61 N.Y.2d 9; People v. Pettway, 140 A.D.2d 721; People v. Melendez, 135 A.D.2d 660, lv denied 70 N.Y.2d 1008). The court gave the defendant ample opportunity to advance his contentions in support of his application to withdraw the plea and rendered a written decision thereon. Moreover, neither the statements by the defendant nor his counsel made immediately prior to the imposition of the sentence warranted vacatur of the plea (see, People v. Melendez, supra). Any claims based upon matter dehors the record should be raised in a posttrial application (see, People v. Ramos, supra). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.