PEOPLE v. MARZOCCO

ORDERED that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v. Ramsingh, 267 A.D.2d 406). The trial court providently exercised its discretion in denying the defendant's motion to withdraw his plea without holding a hearing since the defendant's unsubstantiated claim of innocence was refuted by his earlier admission of guilt (see, People v. Eschenberg, 275 A.D.2d 719 [2d Dept., Sept. 11, 2000]).

The defendant's claim of ineffective assistance of counsel is without merit (see, People v. Sosa, 258 A.D.2d 312; People v. Knowles, 256 A.D.2d 592).