Opinion
January 12, 1999.
Appeal from the Supreme Court, New York County (Allen Alpert, J., at plea; Charles Solomon, J., at sentence).
The sentencing court properly exercised its discretion in denying defendant's application to withdraw his plea without appointment of new counsel. The record establishes that the court's rejection of defendant's meritless claim of coercion was not based upon statements made by counsel ( see, People v. Smith, 253 A.D.2d 668).
Concur — Sullivan, J.P., Lerner, Mazzarelli and Saxe, JJ.