PEOPLE v. SPINKS

Defendant's motion to withdraw his plea was properly denied without a hearing, the record refuting defendant's claim that his plea was coerced by his attorney, and otherwise demonstrating that the plea was voluntary and knowing ( People v. Woodard, 208 A.D.2d 411, lv denied 84 N.Y.2d 1040). Far from being coercive, defense counsel's advice, as related by defendant, that the case could not be won, and that the two, who had a prior social relationship, would have a chance of playing basketball together again only if defendant accepted the plea offer, fulfilled defense counsel's duty to warn his client of the risks of going to trial.

Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.