PEOPLE v. FERNANDEZ

ORDERED that the judgment is affirmed.

The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, CPL 220.60; People v. Marzocco, 278 A.D.2d 515; People v. Ochoa, 179 A.D.2d 689). The trial court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea, since his unsubstantiated claims of innocence and coercion were refuted by his statements during the plea allocution (see, People v. Badger, 288 A.D.2d 485 [2d Dept., Nov. 26, 2001]; People v. Marzocco, supra; People v. DeLeon, 254 A.D.2d 430; People v. Rosa, 239 A.D.2d 364; People v. Lisbon, 187 A.D.2d 457).

The defendant's claim of ineffective assistance of counsel is without merit (see, People v. Marzocco, supra; People v. DeLeon, supra).

PRUDENTI, P.J., FLORIO, S. MILLER, FRIEDMANN and ADAMS, JJ., concur.