Opinion
2000-03342
Submitted January 23, 2002.
February 14, 2002.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered March 15, 2000, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Matthew Muraskin, Melville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Mary Catherine Mullen of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, SONDRA MILLER, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, CPL 220.60; People v. Marzocco, 278 A.D.2d 515; People v. Ochoa, 179 A.D.2d 689). The trial court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea, since his unsubstantiated claims of innocence and coercion were refuted by his statements during the plea allocution (see, People v. Badger, 288 A.D.2d 485 [2d Dept., Nov. 26, 2001]; People v. Marzocco, supra; People v. DeLeon, 254 A.D.2d 430; People v. Rosa, 239 A.D.2d 364; People v. Lisbon, 187 A.D.2d 457).
The defendant's claim of ineffective assistance of counsel is without merit (see, People v. Marzocco, supra; People v. DeLeon, supra).
PRUDENTI, P.J., FLORIO, S. MILLER, FRIEDMANN and ADAMS, JJ., concur.