Opinion
October 23, 1989
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
There is nothing in the record to suggest that the defendant's plea of guilty, entered pursuant to a written agreement, was not knowingly and voluntarily made after careful deliberation (see, People v Ramos, 63 N.Y.2d 640; People v Corwise, 120 A.D.2d 604). The sentencing court therefore did not improvidently exercise its discretion (see, CPL 220.60) when it denied the defendant's presentence application to withdraw his plea. Nor does the record suggest that the defendant, who, in violation of one of the conditions of the plea bargain, failed to appear for sentencing (see, People v Gamble, 111 A.D.2d 869), was denied the effective assistance of counsel, a claim which should have been but was not made by collateral motion (see, People v Pascale, 48 N.Y.2d 997; People v Brown, 45 N.Y.2d 852). Finally, we do not find that the sentence imposed on the absconding defendant after he was arrested on other charges was harsh or excessive (People v Suitte, 90 A.D.2d 80). Mollen, P.J., Lawrence, Kooper, Spatt and Harwood, JJ., concur.