Opinion
August 8, 1988
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the judgment is affirmed.
The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v Pettway, 140 A.D.2d 721; People v Melendez, 135 A.D.2d 660; People v Doherty, 134 A.D.2d 513; People v Lee, 132 A.D.2d 625). Review of the plea minutes in the case at bar discloses that the defendant's guilty plea was knowingly and voluntarily made in the presence of counsel after the court fully apprised the defendant of the consequences of his guilty plea (see, People v Pettway, supra; People v Melendez, supra). Moreover, we perceive no error in the sentencing court's determination — rendered after a full evidentiary hearing — that the defendant was not entitled to the vacatur of his plea (cf., People v Tinsley, 35 N.Y.2d 926; People v Frazier, 132 A.D.2d 617, lv denied 70 N.Y.2d 711; People v Desire, 131 A.D.2d 871).
The sentence imposed by the court, to which the defendant agreed as part of his plea bargain, is not excessive under the circumstances (see, People v Harris, 132 A.D.2d 570; People v Kazepis, 101 A.D.2d 816).
The defendant's remaining contention is without merit (see, People v Baldi, 54 N.Y.2d 137; cf., People v Pettway, supra; People v Desire, supra; People v Fernandez, 131 A.D.2d 873). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.