PEOPLE v. McKINNON

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea ( see People v. Overton, 297 A.D.2d 565, lv denied 99 N.Y.2d 562). "The defendant's conclusory and unsubstantiated assertion that his plea was coerced is refuted by his statements during the plea proceedings" ( People v. Quijada-Lopez, 256 A.D.2d 478, 478, lv denied 93 N.Y.2d 928). The additional contention of defendant that he was denied effective assistance of counsel is not supported by the record ( see People v. Ford, 86 N.Y.2d 397, 404). The sentence is not unduly harsh or severe.