Opinion
June 18, 1999
Appeal from Judgment of Niagara County Court, Hannigan, J. — Sexual Abuse, 1st Degree.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND SCUDDER, JJ.
Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw his guilty plea. The allegations of defendant that the plea was coerced, that defendant did not understand the consequences of the plea, that he was denied effective assistance of counsel and that he was innocent were belied by his statements during the plea colloquy (see, People v. Miller, 252 A.D.2d 984, lv denied 92 N.Y.2d 984; People v. Witcher, 222 A.D.2d 1016, lv denied 87 N.Y.2d 1027; People v. Rodriguez, 126 A.D.2d 580, lv denied 69 N.Y.2d 954). The sentence is neither unduly harsh nor severe.