Opinion
July 27, 1998
Appeal from the County Court, Dutchess County (Dolan, J.).
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was coerced is without merit. At the hearing on the motion to withdraw his plea of guilty, the defendant's former attorney, Frank Redl, expressly contradicted the defendant's testimony that he had advised the defendant that the latter would not succeed at trial because Poughkeepsie was a "racist" town. The County Court credited Redl's testimony and rejected the defendant's testimony as not credible. On this record, we see no reason to disturb the County Court's determination as to the credibility of the witnesses (see, People v. Prochilo, 41 N.Y.2d 759, 761).
Redl's pessimistic assessment of the defendant's chances of succeeding at trial and his conclusion that the defendant would be subject to a lengthy prison sentence if convicted did not constitute coercion (see, People v. Jones, 232 A.D.2d 505; People v. Spinks, 227 A.D.2d 310; People v. Samuel, 208 A.D.2d 776). The record demonstrates that the defendant knowingly, intelligently, and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9). Accordingly, the County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty (see, People v. Jones, supra; People v. Palmeri, 227 A.D.2d 418; People v. Samuel, supra,).
Miller, J. P., Thompson, Joy and Luciano, JJ., concur.