Opinion
November 5, 1992
Appeal from the County Court of Sullivan County (Leaman, J.).
We reject defendant's contention that County Court erred in denying his motion to withdraw his guilty plea. Our review of the plea minutes satisfies us that the plea was knowingly, intelligently and voluntarily made. And given the further fact that defendant was afforded an opportunity to state the basis for his withdrawal motion, neither his belated protestations of innocence nor his conclusively asserted claims of coercion and distress necessitated a hearing. In short, County Court did not abuse its discretion in summarily denying defendant's motion (see, People v Ross, 182 A.D.2d 1022; People v De Gaspard, 170 A.D.2d 835, lv denied 77 N.Y.2d 994). Also meritless is defendant's argument that County Court erred in failing to suppress statements made by defendant. The suppression hearing evidence fully supports County Court's determination that defendant's statements were not taken in violation of any of his constitutional rights. That defendant and his witness proffered a different version of the events merely presented a credibility question for the suppression court to resolve (see, People v Shepherd, 156 A.D.2d 887, lv denied 75 N.Y.2d 924; People v Kittel, 135 A.D.2d 1021). Further, defendant's bald statement that his counsel failed to move to suppress a voice identification is insufficient to establish ineffective assistance of counsel (see, People v Rivera, 71 N.Y.2d 705; People v Jiggetts, 178 A.D.2d 332, lv denied 79 N.Y.2d 949; People v King, 168 A.D.2d 634, lv denied 77 N.Y.2d 962). Finally, in light of defendant's criminal record and the fact that he was permitted to plead guilty to five crimes in full satisfaction of one five-count indictment and one 11-count indictment, the sentence imposed by County Court is neither unduly harsh nor excessive (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Mikoll, J.P., Yesawich Jr., Levine, Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed.