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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSUE DELISER, Appellant.

Ordered that the judgments are affirmed.

"[A] guilty plea will be upheld as valid if it was entered voluntarily, knowingly and intelligently" ( People v Fiumefreddo, 82 NY2d 536, 543; see People v Moissett, 76 NY2d 909, 910-911; People v Lopez, 71 NY2d 662, 666). The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the motion court ( see CPL 220.60; People v Frederick, 45 NY2d 520, 525; People v DeLeon, 40 AD3d 1008, 1008-1009; People v Mann, 32 AD3d 865, 866; People v Turner, 23 AD3d 503). Here, the defendant's pleas of guilty were knowingly, voluntarily, and intelligently entered, and his claims of coercion are belied by the record ( see People v Aguayo, 73 AD3d 938, 939).

Moreover, contrary to the defendant's contentions, the record reveals that his attorney did not take a position adverse to his motion to withdraw his pleas ( see People v Dickerson, 66 AD3d 1371, 1372; People v Brown, 36 AD3d 931; People v Caple, 279 AD2d 635, 636; People v Richards, 227 AD2d 419; cf. People v Dixon, 63 AD3d 957; People v Bedoya, 53 AD3d 621; People v Bryant, 22 AD3d 676, 677; People v Earp, 7 AD3d 538, 539). Accordingly, the Supreme Court properly denied his motion to withdraw his pleas.

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PEOPLE v. DELISER
(Jun 21, 2011)