Opinion
3947.
Decided June 17, 2004.
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered February 11, 2003, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3½ years, unanimously affirmed.
Ind. 5249/02Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Before: Saxe, J.P., Sullivan, Williams, Friedman, Marlow, JJ.
After considering defendant's written and oral arguments, the court properly denied defendant's motion to withdraw his guilty plea ( see People v. Frederick, 45 N.Y.2d 520). The record contradicts defendant's conclusory claims and establishes that the plea was knowing, intelligent and voluntary. Furthermore, there was no basis for assignment of new counsel.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.