PEOPLE v. ESCHENBERG

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, CPL 220.60; People v. Bonds, 254 A.D.2d 430). The trial court providently exercised its discretion in denying the defendant's motion to withdraw his plea without holding a hearing. The defendant's claim of innocence was unsubstantiated and refuted by his earlier admission of guilt (see, People v. Quijada-Lopez, 256 A.D.2d 478; People v. Bonds, supra). That the defendant allegedly received inaccurate information on his possible sentence exposure from his counsel is a factor which must be considered by the court in determining whether a plea was knowing, intelligent, and voluntary. However, it is not, in and of itself, dispositive (see, People v. Garcia, 92 N.Y.2d 869). In any event, the court informed the defendant of the potential maximum sentence. Thus, the defendant's plea of guilty was knowing, intelligent, and voluntary, and there was no need for a hearing.