Opinion
April 11, 1994
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the judgment is affirmed.
We note initially that the general waiver of his right to appeal which the defendant executed did not effectively waive the claim which he now raises, i.e., that his plea was not entered voluntarily, knowingly and intelligently (see, People v Seaberg, 74 N.Y.2d 1, 11).
The court did not improvidently exercise its discretion in denying defendant's motion to withdraw his plea without conducting a hearing (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520, 527; People v Dickerson, 163 A.D.2d 610). A review of the record fails to support the defendant's contention that his responses at the plea proceeding were not lucid and rational. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.