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THE PEOPLE, ETC., respondent, v. MICHAEL CACCAVALE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty on the ground that he was coerced by his attorney ( see CPL 220.60; People v. Frederick, 45 N.Y.2d 520). At the hearing on the motion to withdraw his plea of guilty, the defendant's former assigned counsel expressly refuted the defendant's testimony that he would not represent the defendant at trial unless the defendant paid him a fee. The record supports the Supreme Court's determination regarding issues of credibility and its finding that the defendant was not coerced by his former counsel into pleading guilty ( see People v. Prochilo, 41 N.Y.2d 759, 761). The defendant knowingly, intelligently, and voluntarily pleaded guilty in the presence of competent counsel after the court had advised him of the consequences of his plea ( see People v. Fiumefreddo, 82 N.Y.2d 536; People v. Harris, 61 N.Y.2d 9).

FLORIO, J.P., S. MILLER, ADAMS and RIVERA, JJ., concur.

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PEOPLE v. CACCAVALE
(Jun 21, 2004)