Opinion
April 11, 2000.
Judgment, Supreme Court, New York County (James Yates, J.), rendered February 5, 1998, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.
Mindy J. Levinson, for respondent.
Cynthia Feathers, for defendant-appellant.
LERNER, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
After sufficient inquiry, and after defendant received ample opportunity to be heard, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see, People v. Frederick, 45 N.Y.2d 520). The record establishes that defendant's plea was knowing and voluntary and that his claims in support of the withdrawal motion were unsubstantiated. We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.