| People v Mirecki |
| 2009 NY Slip Op 05362 [63 AD3d 1089] |
| June 23, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Mirecki, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, andChong-Ho Chung of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman,J.), rendered October 8, 2008, convicting him of assault in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court,Kings County, for further proceedings pursuant to CPL 460.50 (5).
The Supreme Court did not improvidently exercise its discretion in denying, without ahearing, the defendant's motion to withdraw his plea of guilty (see CPL 220.60 [3]). Therecord supports the court's determination that the defendant's plea was entered knowingly,voluntarily, and intelligently (see People v Hill, 9 NY3d 189, 191 [2007]; People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Harris, 61 NY2d 9, 17 [1983]).Although the defendant claims, inter alia, that he was coerced into pleading guilty, his claims arebelied by the record (see People v Samuel, 208 AD2d 776, 776-777 [1994]; People vJackson, 203 AD2d 302, 303 [1994]; see also People v Elting, 18 AD3d 770, 771[2005]; People v Jones, 232 AD2d 505, 505-506 [1996]). Fisher, J.P., Dillon, Covelloand Dickerson, JJ., concur.