Opinion
No. 2006-11860.
June 1, 2010.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered November 29, 2006, convicting him of rape in the second degree (three counts) and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.
Richard L. Herzfeld, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Before: Rivera, J.P., Florio, Miller and Austin, JJ.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, the defendant's pro se motion to withdraw his plea of guilty. A motion to withdraw a plea of guilty rests within the sound discretion of the court, whose determination generally will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60; People v Seeber, 4 NY3d 780; People v Villalobos, 71 AD3d 924; People v Hines, 70 AD3d 969; People v Massey, 70 AD3d 722; People v Torres, 68 AD3d 1142, 1143; People v DeLeon, 40 AD3d 1008, 1008-1009). The record supports the County Court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently ( see People v Fiumefreddo, 82 NY2d 536, 543; People v Harris, 61 NY2d 9, 17). In addition, the defendant entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a very favorable sentence promise ( see People v Hines, 70 AD3d 969; People v Montalvo, 63 AD3d 1089, 1090). Finally, the defendant's unsubstantiated claim of dissatisfaction with the representation of his attorney was refuted by his statements during the plea allocution ( see People v Massey, 70 AD3d 722).