| People v Pooler |
| 2009 NY Slip Op 00410 [58 AD3d 757] |
| January 20, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KeithPooler, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jason R.Richards of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered May 17, 2007, convicting him of attempted criminal possession of a controlledsubstance in the fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The decision to permit a defendant to withdraw a previously-entered plea of guilty restswithin the sound discretion of the court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865[2006]; People v Kucharczyk, 15AD3d 595 [2005]), and this determination generally will not be disturbed absent animprovident exercise of discretion (seePeople v DeLeon, 40 AD3d 1008 [2007]). Here, the defendant knowingly, voluntarily,and intelligently entered his negotiated plea of guilty with the assistance of competent counsel,in exchange for a favorable sentence promise (see People v Mann, 32 AD3d 865 [2006]). Moreover, contrary tothe defendant's arguments, his attorney was not obligated to "participate in a baseless pro semotion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligentlymade" (People v Caple, 279 AD2d 635, 635 [2001]). Nor is there any merit to thedefendant's contention that he was denied the effective [*2]assistance of counsel (see People v Brooks, 36 AD3d 929, 930 [2007]; People v Grimes, 35 AD3d 882,883 [2006]). Skelos, J.P., Dillon, Carni and Leventhal, JJ., concur.