PEOPLE v. MAHARAJH

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

Because the minutes of the proceedings in this case belie the defendant's claims of ineffective assistance of counsel and of an insufficient factual allocution, the court properly denied his application to withdraw his plea of guilty prior to sentencing (see, People v Frederick, 45 N.Y.2d 520). Accordingly, the judgment is affirmed. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.