Opinion
Submitted February 9, 2000
March 23, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered July 14, 1998, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Gary Cohen, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Evan C. Hammerman of counsel), for respondent.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The decision whether to grant a defendant permission to withdraw his guilty plea lies in the sound discretion of the court (see,People v. Leviyev, 256 A.D.2d 359 ; People v. DeLeon, 254 A.D.2d 430 ). Here, the record reveals that the defendant was lucid, rational, and unequivocal in assuring the court that he fully comprehended the meaning of the plea proceeding (see, People v. Torres, 215 A.D.2d 702; People v. Seger, 171 A.D.2d 892 ). Further, since the defendant was afforded a reasonable opportunity to present his contentions, and the court was able to make an informed decision, the court did not improvidently exercise its discretion in failing to conduct a hearing (see,People v. Tinsley, 35 N.Y.2d 926 ; People v. Cervino, 232 A.D.2d 501 ; People v. Santana, 176 A.D.2d 360 ).
The defendant's remaining contention is unpreserved for appellate review.
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.