Opinion
2616.
Decided December 30, 2003.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 27, 2003, convicting defendant, upon his plea of guilty, of attempted sodomy in the first degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.
Eleanor J. Ostrow, for Respondent.
William A. Loeb, for Defendant-Appellant.
Before: Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ.
The court properly denied, without a hearing, defendant's motion to withdraw his guilty plea. The court considered the written motion and reviewed defendant's file. Defendant received a reasonable opportunity to present his claims through his written submission, and had an opportunity to address the court, at which time he merely restated his unelaborated claim of innocence. Defendant's claims of innocence and of ineffective assistance of counsel were entirely conclusory, and his plea colloquy contradicted his claims and established the voluntariness of the plea ( see e.g. People v. Martinez, 289 A.D.2d 70, lv denied 97 N.Y.2d 757; People v. Falas, 286 A.D.2d 651, lv denied 97 N.Y.2d 728; People v. Black, 279 A.D.2d 421, lv denied 96 N.Y.2d 780).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.