Judgment unanimously affirmed. Memorandum: The contention of defendant concerning County Court's Sandoval ruling does not survive his plea of guilty ( see, People v. Ireland, 222 A.D.2d 1007; People v. Gerber, 182 A.D.2d 252, 260-261, lv denied 80 N.Y.2d 1026; People v. Zangrillo, 105 A.D.2d 822). The failure of defense counsel to move to dismiss the indictment pursuant to CPL 190.50 (5) (c) does not, by itself, render counsel's performance ineffective ( see, People v. Mateo, 252 A.D.2d 821, lv denied 92 N.Y.2d 927; People v. Moragne, 233 A.D.2d 873, lv denied 89 N.Y.2d 1097; People v. Simmons, 202 A.D.2d 812, lv denied 83 N.Y.2d 915). Viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). The court did not abuse its discretion in denying the application of defendant to withdraw his guilty plea ( see, People v. Burroughs, 224 A.D.2d 1034, lv denied 88 N.Y.2d 845; People v. Murray, 207 A.D.2d 999, 999-1000, lv denied 84 N.Y.2d 1014). During the plea colloquy, defendant stated that he understood the consequences of his plea and admitted committing the crime charged ( see, People v. Taylor, 176 A.D.2d 1225) Defendant's assertion of innocence at sentencing is unsupported by the record and is insufficient to entitle defendant to withdraw his guilty plea ( see, People v. Burroughs, supra, at 1034-1035).