Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. Permission to withdraw a guilty plea is a decision that rests within the sound discretion of the court (People v. Frederick, 45 N.Y.2d 520, 524-525; People v. Hagzan, 155 A.D.2d 616, 617). Although defendant contends that he pleaded guilty because he was distraught as a result of family problems, the court's denial of the motion to withdraw the plea was not an abuse of discretion (see, People v. Thornton [appeal No. 1], 167 A.D.2d 935, lv denied 78 N.Y.2d 1082). The court carefully advised defendant, who was not new to the criminal justice system and who was competently represented by counsel, of the consequences of his plea, and defendant made a voluntary, knowing and intelligent plea (see, People v. Stephens, 175 A.D.2d 272, lv denied 79 N.Y.2d 864; People v. Thornton, supra).
Finally, the sentence is neither harsh nor excessive.