Opinion
April 3, 1989
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgments are affirmed.
The defendant's claim that his former attorney erroneously advised him as to the number of years he would actually serve in prison, notwithstanding the explicit promise which induced the pleas, is not borne out by the record of the plea allocution (see, People v. Ramos, 63 N.Y.2d 640; People v. Corwise, 120 A.D.2d 604; cf., People v. Cataldo, 39 N.Y.2d 578). The Supreme Court therefore did not improvidently exercise its discretion when it denied the defendant's application to withdraw his guilty pleas (see, CPL 220.60). The defendant's claim that he was denied the effective assistance of counsel on the application is not borne out by the record of the hearing (cf., People v. Pascale, 48 N.Y.2d 997; People v. Brown, 45 N.Y.2d 852; see also, Strickland v. Washington, 466 U.S. 668). Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.