| People v Massey |
| 2010 NY Slip Op 00876 [70 AD3d 722] |
| February 2, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Lawrence Massey, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Anthony J.Servino of counsel; Justin L. Tolbert on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered January 8, 2009, convicting him of assault 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 rests within the sound discretion of the court(see CPL 220.60 [3]; People vHughes, 62 AD3d 1026 [2009]), whose determination will generally not be disturbedabsent an improvident exercise of discretion (see People v DeLeon, 40 AD3d 1008 [2007]). Here, the SupremeCourt providently exercised its discretion in denying, without a hearing, the defendant's pro seapplication to withdraw his plea of guilty, since his unsubstantiated claim of dissatisfaction withthe representation by his attorney was refuted by his statements during the plea allocution (see People v Caufield, 57 AD3d796 [2008]; People v Owens,43 AD3d 1185 [2007]; People vMorales, 17 AD3d 487 [2005]; People v Rangolan, 295 AD2d 543 [2002]).Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.