Opinion
May 5, 1997
Appeal from the Supreme Court, Queens County (Braun, J.).
Ordered that the judgments are affirmed.
The defendant claims that his pleas were involuntary because he had been under the influence of marihuana at the time of the pleas. The Supreme Court providently exercised its discretion in rejecting the defendant's claim, based on its own observation ( see, People v. Pica, 112 A.D.2d 325; People v. Bangert, 107 A.D.2d 752; People v. Parizo, 78 A.D.2d 863). Furthermore, there is no evidence in the record that the defendant was under the influence of marihuana at the time of the plea proceedings, and the minutes of the proceedings indicate that the defendant understood the proceedings and was coherent ( see, People v Jones, 233 A.D.2d 944; People v. James, 192 A.D.2d 555).
Moreover, since the defendant's basis for his application to withdraw his pleas was facially without merit, no formal evidentiary hearing was necessary ( see, People v. Billings, 208 A.D.2d 941; People v. Morris, 118 A.D.2d 595).
Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.