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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PALMERI, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without first conducting a hearing, since the plea and sentencing minutes reveal that the County Court conducted a sufficient inquiry into, and properly rejected, the defendant's unsupported assertions of innocence and coercion ( see, People v. Toney, 215 A.D.2d 791; People v Billings, 208 A.D.2d 941). Additionally, the court properly concluded that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see, People v Harris, 61 N.Y.2d 9).

Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, the defendant has no basis to complain now that his sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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PEOPLE v. PALMERI
(May 6, 1996)