Opinion
1996-10486
Submitted May 15, 2002.
June 18, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Jonas, J.), rendered October 8, 1996, convicting him of attempted criminal sale of a controlled substance in the fifth degree and criminal sale of marijuana in the fourth degree, upon his plea of guilty, and imposing sentence.
Virginia Boccio, North Massapequa, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Steven R. Bernhard of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., CORNELIUS J. O'BRIEN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see CPL 220.60; People v. Marzocco, 278 A.D.2d 515; People v. DeLeon, 254 A.D.2d 430, 431). In this case, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea, without a hearing, since his unsubstantiated claims of coercion and dissatisfaction with his attorney's representation were refuted by his statements during the plea allocution (see People v. Fernandez, 291 A.D.2d 456; People v. DeLeon, supra).
PRUDENTI, P.J., O'BRIEN, McGINITY and CRANE, JJ., concur.