Opinion
September 22, 1998
Appeal from the Supreme Court, New York County (Allen Alpert, J.)
Although defense counsel controverted the claims made in defendant's pro se motion to withdraw his plea of guilty, defendant's right to effective assistance of counsel was not adversely affected since it is clear from the record that the court considered and denied defendant's meritless motion without being influenced by counsel's remarks ( see, People v. Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892).
The record establishes that defendant voluntarily, knowingly and intelligently waived his right to appeal the sentence imposed and is now foreclosed from arguing that his sentence is excessive ( People v. Seaberg, 74 N.Y.2d 1). In any event, we perceive no abuse of sentencing discretion.
Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.