Opinion
May 6, 1996
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Ordered that the judgment is affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea. Upon our review of the record, we conclude that the defendant failed to establish his burden of proving that his plea of guilty was not knowingly, voluntarily, and intelligently entered ( see, People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, 353; People v. Montford, 134 A.D.2d 207). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.