| People v Gedin |
| 2007 NY Slip Op 09792 [46 AD3d 701] |
| December 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Marvin Gedin, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.),rendered November 30, 2001, convicting him of attempted murder in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
"A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court"(People v Levy, 39 AD3d 670[2007]; see CPL 220.60 [3]; People v Gutierrez, 35 AD3d 883 [2006]; People v Taylor, 17 AD3d 491[2005]; People v Sloane, 13 AD3d400 [2004]). The defendant's claim that his plea of guilty was coerced as a result of thealleged ineffectiveness of his trial counsel is belied by his statements during the pleaproceedings, when he acknowledged, inter alia, that he was satisfied with his counsel'srepresentation, that he had not been coerced into pleading guilty, and that he was doing so of hisown free will (see People vGutierrez, 35 AD3d 883 [2006]; People v Farley, 34 AD3d 1229, 1229-1230 [2006]; People v Taylor, 17 AD3d 491[2005]; People v Sloane, 13 AD3d400 [2004]; People vRobertson, 2 AD3d 756 [2003]). Moreover, the defendant's waiver of his right to appealprecludes review of his contention that he was denied the effective assistance of counsel, exceptto the extent that the alleged ineffective assistance affected the voluntariness of his plea (see People v Dixon, 41 AD3d 861,862 [2007], lv denied 9 NY3d 922 [2007]). As indicated, the plea was knowingly,voluntarily, and intelligently made. Accordingly, the County Court providently exercised itsdiscretion in denying, without a hearing, the defendant's application to withdraw his plea ofguilty. Crane, J.P., Fisher, Carni and McCarthy, JJ., concur.