Since it was apparent that defendant had command of the English language, the court properly denied his motion to withdraw his guilty plea. Defendant was not deprived of effective assistance of counsel as a result of counsel's adverse position on the motion. The record clearly establishes that the court's rejection of defendant's motion was not influenced by counsel's comments (see, People v. Smith, 253 A.D.2d 668, lv denied 92 N.Y.2d 986; People v. Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892). We note that even before counsel spoke, the court, based on its own observations, characterized defendant's motion as "spurious" and "ludicrous".
We perceive no abuse of sentencing discretion.
SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, FRIEDMAN, JJ.