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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO COLLAZO, Appellant.

Ordered that the judgment is affirmed.

The decision whether to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court ( see People v DeLeon, 40 AD3d 1008, 1008-1009, lv denied 9 NY3d 874; People v Mann, 32 AD3d 865, 866; People v Turner, 23 AD3d 503; People v Watson, 13 AD3d 402, 403). Here, the record reflects that the defendant's plea of guilty was knowingly, intelligently, and voluntarily entered ( see People v Garcia, 92 NY2d 869, 870; People v Harris, 61 NY2d 9, 17-19). Accordingly, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty.

Moreover, the defendant received the effective assistance of counsel ( see People v Benevento, 91 NY2d 708, 712; People v Baldi, 54 NY2d 137, 147).

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PEOPLE v. COLLAZO
(Nov 27, 2007)