PEOPLE v. BESS

The court properly denied defendant's application to withdraw his guilty plea. Defendant's claim that he was under the influence of drugs when he took the plea was belied by the transcript of his allocution and the court's own clear recollection of defendant's demeanor and responses (see People v. Wheeler, 289 A.D.2d 10, lv denied 97 N.Y.2d 763; People v. Clarke, 251 A.D.2d 7; People v. Bermudez, 228 A.D.2d 237, lv denied 89 N.Y.2d 919). We also note that the credibility of this claim was undermined by the fact that, during the lengthy period between the plea and sentencing, defendant made plea withdrawal applications on other grounds but made no mention of his present claim until after the court had rejected those grounds and was about to impose sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.