| People v Hearns |
| 2010 NY Slip Op 00987 [70 AD3d 856] |
| February 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Antonio Hearns, Also Known as Antonio S. Hearns,Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo,J.), rendered April 24, 2008, convicting him of robbery in the first degree (five counts), upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The sentencing court properly denied the defendant's motion for leave to withdraw his pleaof guilty. The right of a defendant to withdraw a previously entered plea of guilty rests within thesound discretion of the sentencing court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865[2006]; People v Kucharczyk, 15AD3d 595 [2005]), the exercise of which will not be disturbed absent an improvidentexercise of discretion (see People vDeLeon, 40 AD3d 1008 [2007]). The defendant's plea of guilty was knowingly,voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543[1993]; cf. People v Callahan, 80 NY2d 273, 283 [1992]; People v Harris, 61NY2d 9, 16 [1983]), and the defendant's contentions to the contrary are without merit. Rivera,J.P., Florio, Dickerson, Belen and Roman, JJ., concur.