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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS SAFA, True Name NICHOLAS SAFE, Appellant.

Contrary to defendant's claim, "[i]t is not coercive for a court to inform a defendant as to the possible sentence available under the indictment" (People v. Stephens, 188 A.D.2d 345, 345-346, lv denied 81 N.Y.2d 893).

Defendant's contention that the trial court abused its discretion when it denied his motion to withdraw his plea, since allegedly his then defense counsel unduly pressured him by inducing the fear that he would receive a longer sentence if convicted after trial is without merit. Defendant presents no persuasive facts to support the allegation, and the thorough colloquy conducted by the trial court before plea with defendant, an experienced criminal defendant, demonstrates that defendant voluntarily, knowingly, and intelligently entered the plea. (People v. Brown, 177 A.D.2d 460, lv denied 79 N.Y.2d 944.)

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ.

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PEOPLE v. SAFA
(Nov 3, 1994)