| People v Harris |
| 2010 NY Slip Op 04813 [74 AD3d 838] |
| June 1, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Harris, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo,J.), rendered November 29, 2006, convicting him of rape in the second degree (three counts) andendangering the welfare of a child, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court providently exercised its discretion in denying, without a hearing, thedefendant's pro se motion to withdraw his plea of guilty. A motion to withdraw a plea of guiltyrests within the sound discretion of the court, whose determination generally will not bedisturbed absent an improvident exercise of discretion (see CPL 220.60 [3]; People v Seeber, 4 NY3d 780[2005]; People v Villalobos, 71AD3d 924 [2010]; People vHines, 70 AD3d 969 [2010]; People v Massey, 70 AD3d 722 [2010]; People v Torres, 68 AD3d 1142,1143 [2009]; People v DeLeon, 40AD3d 1008, 1008-1009 [2007]). The record supports the County Court's determination thatthe defendant's plea was entered knowingly, voluntarily, and intelligently (see People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Harris, 61 NY2d 9, 17 [1983]). Inaddition, the defendant entered his negotiated plea of guilty with the assistance of competentcounsel, in exchange for a very favorable sentence promise (see People v Hines, 70 AD3d 969 [2010]; People v Montalvo, 63 AD3d1089, 1090 [2009]). Finally, the defendant's unsubstantiated claim of dissatisfaction with therepresentation of his attorney was refuted by his statements during the plea allocution (see People v Massey, 70 AD3d722 [2010]). Rivera, J.P., Florio, Miller and Austin, JJ., concur.