People v. CollazoPeople v. Collazo
The decision whether to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court (see People v DeLeon, 40 AD3d 1008, 1008-1009 [2007], lv denied 9 NY3d 874 [2007]; People v Mann, 32 AD3d 865, 866 [2006]; People v Turner, 23 AD3d 503 [2005]; People v Watson, 13 AD3d 402, 403 [2004]). Here, the record reflects that the defendant‘s plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 870 [1998]; People v Harris, 61 NY2d 9, 17-19 [1983]). Accordingly, the County Court providently exercised its discretion in denying the defendant‘s motion to withdraw his plea of guilty.
Moreover, the defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]). Goldstein, J.P., Fisher, Carni and McCarthy, JJ., concur.