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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BROOKS, Appellant.

Ordered that the judgment is affirmed.

"The decision of whether to permit a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court" (People v. Howard, 138 A.D.2d 525). The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea. Upon a review of the record, including the full evidentiary hearing conducted with respect to the defendant's motion, we find that there is no support for the defendant's claim that his guilty plea was the result of coercion or of the ineffective assistance of trial counsel. Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.

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PEOPLE v. BROOKS
(May 4, 1992)