Opinion
September 17, 1991
Appeal from the Supreme Court, Bronx County, Frank Diaz, J.
Defendant's contention that the trial court erred in denying his oral application at sentencing to withdraw his previously entered plea of guilty upon the grounds of innocence and ineffective assistance of counsel is without merit. (People v Black, 170 A.D.2d 383, lv denied 77 N.Y.2d 992.) Defendant failed to demonstrate that counsel did not provide meaningful representation (People v. Baldi, 54 N.Y.2d 137), especially in view of the favorable plea bargain negotiated by defendant. Moreover, the record of the plea proceedings confirms that defendant's guilty plea was entered into knowingly, voluntarily and intelligently. (Boykin v. Alabama, 395 U.S. 238.) Further, defendant's unsubstantiated protestations of innocence were inconsistent with his earlier detailed account of the commission of the crimes, given without apparent hesitation.
Finally, as the sentencing court permitted defendant and his counsel a full opportunity to present their contentions, the trial court's denial of the motion was an appropriate exercise of its discretion. (People v. Tinsley, 35 N.Y.2d 926; People v Black, supra.)
Concur — Murphy, P.J., Rosenberger, Ellerin, Kassal and Rubin, JJ.