PEOPLE v. PICA

Judgment affirmed.

Criminal Term did not abuse its discretion in determining, on the basis of the plea minutes, hospital records and the testimony at the hearing held on defendant's motion to withdraw his plea, that defendant's claim that his plea was involuntary because at the time of his plea he was in pain as a result of a kidney stone condition was without merit ( cf. People v. Bangert, 107 A.D.2d 752; People v. Fishon, 97 A.D.2d 773; People v. Kelsch, 96 A.D.2d 677; People v. Parizo, 78 A.D.2d 863). Accordingly, defendant's motion to withdraw his plea was properly denied. Brown, J.P., Weinstein, Niehoff and Lawrence, JJ., concur.