Opinion
April 20, 1998
Appeal from the Westchester County (Angiolillo, J.)
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty ( see, CPL 220.60; People v. Ellerbe, 237 A.D.2d 299). The defendant's bare assertion that he was coerced by his attorney into entering the plea agreement was flatly refuted by the record of the plea proceeding and does not warrant vacatur of the plea ( see, People v. Hernandez, 236 A.D.2d 557; People v. Sider, 232 A.D.2d 666). Since this and the other bases of the defendant's application to withdraw his plea were facially without merit, no formal evidentiary hearing was necessary ( see, People v. Billings, 208 A.D.2d 941; People v. Morris, 118 A.D.2d 595).
The defendant, who pleaded guilty with the understanding that he would receive the sentence which was actually imposed, has no basis to now complain that his sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816, 817).
The defendant's remaining contentions are unpreserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636; People v. Ramsammy, 246 A.D.2d 675).
Rosenblatt, J.P., Sullivan, Joy and Altman, JJ., concur.