Opinion
1985
October 28, 2003.
Judgment, Supreme Court, New York County (Harold Beeler, J. at plea; Gregory Carro, J. at sentence), rendered July 31, 2002, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.
Christopher Wilson, for respondent.
Pei Pei Cheng, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ.
Defendant's motions to withdraw his guilty plea, made to both the plea and sentencing courts, were properly denied without a hearing (see People v. Frederick, 45 N.Y.2d 520). Defendant received a full opportunity to present his claims by written submissions, including those of his new attorney. The record establishes that defendant's plea was knowing, intelligent and voluntary, and that he received effective assistance of counsel (see People v. Ford, 86 N.Y.2d 397, 404). The allegedly coercive conduct by defense counsel amounted to nothing more than counsel's professional evaluation of the strength of the People's case and his emphatic advice that a guilty plea involving a sentence of probation was in defendant's best interest (see People v. Joseph, 284 A.D.2d 197, lv denied 96 N.Y.2d 940). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.