Opinion
May 20, 1993
Appeal from the County Court of Ulster County (Vogt, J.).
Defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree and was sentenced to 4 to 12 years' imprisonment. Defendant now contends that County Court erred in denying his motion to withdraw his guilty plea and failed to exercise discretion in sentencing, and that his sentence is harsh and excessive.
We affirm. There was no abuse of discretion in County Court's denial of defendant's motion to withdraw his guilty plea. A review of the record reveals that the guilty plea was knowing and voluntary. Defendant indicated that he had sufficient time to confer with his attorney, was satisfied with his representation and admitted his guilt of the crime to which he pleaded guilty (see, People v Lynch, 156 A.D.2d 884, lv denied 75 N.Y.2d 921). Any reluctance on defendant's part in entering his guilty plea is attributable not to "threats or coercion but, rather, defendant's mere unhappiness with the harsh realities of his situation" (People v Jimenez, 179 A.D.2d 840, lv denied 79 N.Y.2d 949). Further, given that defendant was afforded an opportunity to state the basis for his withdrawal application, we find no error in the failure of County Court to hold an evidentiary hearing (see, People v Ross, 182 A.D.2d 1022, lv dismissed 80 N.Y.2d 934). Defendant also offers no evidence to support his allegation that County Court failed to consider the presentence report prior to sentencing (see, People v Carmello, 114 A.D.2d 965). Finally, in light of defendant's advantageous plea bargain, by which defendant pleaded guilty to one count in satisfaction of a six-count indictment and received less than the harshest sentence possible, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Weiss, P.J., Levine, Mercure and Mahoney, JJ., concur. Ordered that the judgment is affirmed.