Opinion
February 10, 2000
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered September 23, 1998, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of 5 years probation and 150 hours of community service, unanimously affirmed.
Christopher Sanders for the Respondent.
Jan Hoth-Uzzo for the Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, TOM, LERNER, ANDRIAS, JJ.
The court properly exercised its discretion in denying, without further inquiry, defendant's application to withdraw his guilty plea after defendant was afforded ample opportunity to present his claims, enabling the court to make an informed determination (see,People v. Frederick, 45 N.Y.2d 520). The court properly concluded that defendant's challenges to the plea were contradicted by his plea allocution and that the plea was voluntary.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.