Opinion
1615
September 24, 2002.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered July 22, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
SETH DAVIS, for respondent.
MARK S. DEMARCO, for defendant-appellant.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
Defendant's motions to withdraw his plea and for the appointment of new counsel were properly denied without a hearing since the court reviewed defendant's written submissions and gave him a full opportunity to amplify his contentions in court (see People v. Fiumefreddo, 82 N.Y.2d 536;People v. Senghor, 248 A.D.2d 299, lv denied 92 N.Y.2d 905). The court properly relied upon its own recollections of the plea proceedings and rejected defendant's unsupported claims of innocence, coercion and ineffective assistance (see People v. Hines, 267 A.D.2d 17, lv denied 94 N.Y.2d 921).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.