Opinion
July 14, 1995
Appeal from the Cayuga County Court, Corning, J.
Present — Pine, J.P., Fallon, Callahan, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea ( see, CPL 220.60; People v. Tinsley, 35 N.Y.2d 926, 927; People v. Chandler, 214 A.D.2d 1027; People v. Cantu, 202 A.D.2d 1033). In moving to withdraw his plea, defendant made no claim of innocence, fraud or duress ( see, People v. Ayers, 192 A.D.2d 1134, lv denied 81 N.Y.2d 1069). The sole basis for the oral application by defendant to withdraw his guilty plea was that either his attorney or the court may have misled defendant about the maximum sentence that he could receive. The record demonstrates that defendant and his attorney were given a meaningful opportunity to argue that defendant should be permitted to withdraw his guilty plea ( see, People v. Tinsley, supra, at 927; People v. Chandler, supra).
From our review of the record, we conclude that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see, People v. Moissett, 76 N.Y.2d 909; People v Underwood, 210 A.D.2d 994). The contention of defendant regarding the purported excessiveness of his sentence does not survive defendant's waiver ( see, People v. Allen, 82 N.Y.2d 761, 763; People v. Callahan, 80 N.Y.2d 273, 280; People v. Seaberg, 74 N.Y.2d 1; People v. Chandler, supra).