Opinion
Submitted November 15, 2000.
December 27, 2000.
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered October 1, 1998, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Marianne T. Byrne, Brooklyn, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss and Judith R. Sternberg of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v. Ramsingh, 267 A.D.2d 406). The trial court providently exercised its discretion in denying the defendant's motion to withdraw his plea without holding a hearing since the defendant's unsubstantiated claim of innocence was refuted by his earlier admission of guilt (see, People v. Eschenberg, 275 A.D.2d 719 [2d Dept., Sept. 11, 2000]).
The defendant's claim of ineffective assistance of counsel is without merit (see, People v. Sosa, 258 A.D.2d 312; People v. Knowles, 256 A.D.2d 592).