| People v Torres |
| 2009 NY Slip Op 09689 [68 AD3d 1142] |
| December 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Torres, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Cristin N.Connell of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered February 7, 2008, convicting him of criminal sale of a controlled substance in thefourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
It is well settled that the right of a defendant to withdraw a previously entered plea of guiltyrests within the sound discretion of the sentencing court (see People v Seeber, 4 NY3d780 [2005]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15AD3d 595 [2005]), and that determination will generally not be disturbed absent an improvidentexercise of discretion (see People v DeLeon, 40 AD3d 1008 [2007]). In this case, therecord reveals that the defendant entered his plea of guilty knowingly, voluntarily, andintelligently, having reached a favorable plea bargain with the assistance of competent counselwith whose representation the defendant was satisfied (see People v Mann, 32 AD3d 865[2006]). Furthermore, contrary to the defendant's arguments on appeal, "[a]n attorney assigned torepresent a defendant in a criminal case has no duty 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]; see People v Rodriguez, 181AD2d 643 [1992]; People v Glasper, 151 AD2d 692, 693 [1989]).
The defendant's remaining contention is without merit. Dillon, J.P., Miller, Eng, Hall andSgroi, JJ., concur.