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PEOPLE v. ROBERT HARRIS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 1, 2010
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Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying, without a hearing, the defendant's pro se motion to withdraw his plea of guilty. A motion to withdraw a plea of guilty rests within the sound discretion of the court, whose determination generally will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60; People v Seeber, 4 NY3d 780; People v Villalobos, 71 AD3d 924; People v Hines, 70 AD3d 969; People v Massey, 70 AD3d 722; People v Torres, 68 AD3d 1142, 1143; People v DeLeon, 40 AD3d 1008, 1008-1009). The record supports the County Court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently ( see People v Fiumefreddo, 82 NY2d 536, 543; People v Harris, 61 NY2d 9, 17). In addition, the defendant entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a very favorable sentence promise ( see People v Hines, 70 AD3d 969; People v Montalvo, 63 AD3d 1089, 1090). Finally, the defendant's unsubstantiated claim of dissatisfaction with the representation of his attorney was refuted by his statements during the plea allocution ( see People v Massey, 70 AD3d 722).